Legal Question in Personal Injury in Kansas

Re: parents liability

I would start out asking for all medical expenses, not just those which were uninsured, since the collateral source rule should prohibit introduction of evidence of the payments from your medical insurance carrier. This give you room to negotiate since there may be an issue with regard to malice or willful injury within the meaning of K.S.A. 38-120, which allows up to $5,000 under certain conditions. This statute provides:

"Any person receiving bodily injury or any person, partnership, corporation, political subdivision or other entity whose property has been damaged or destroyed shall be entitled to recover damages in an appropriate action at law in a court of competent jurisdiction from the parents of any child, living with the parents, who maliciously or willfully injured such person or damaged or destroyed such property while under the age of 18 years. Such recovery shall be limited to the actual damages in an amount not to exceed $5,000, in addition to taxable court costs, unless the court or jury finds that the malicious or willful act of such minor causing such injury, damage or destruction is the result of parental neglect, in which event the $5,000 limitation does not apply. Recovery under this section for bodily injury shall be limited to actual medical expenses."