# PI Settlement Calculator | Kevin McManus Law Free Kansas City Personal Injury Tool # Personal Injury Settlement Calculator How Much Is Your Accident Claim Worth? Kansas City Overland Park Lee's Summit Independence Olathe Shawnee Enter your case details below to receive an estimated settlement range based on Missouri and Kansas law, real jury verdict data, and the specific facts of your situation. Takes about 3 minutes. Results are instant. Estimate My Settlement → [Talk to an Attorney](https://www.kevinmcmanuslaw.com/contact/) No data entered is stored, transmitted, or shared. 100% private. 75+ Years Combined Experience Missouri & Kansas PI law — tried and trusted by KC families No Fee Unless We Win Zero out-of-pocket cost. You pay only when we recover for you. Personal Attention — Limited Cases We cap our caseload so every client gets the focus they deserve ## Your Personal Injury Settlement Estimate Form Completion 0% ### Enter Your Case Details 1 Your State & Location State Where the Accident Occurred This determines which laws, deadlines, and fault rules apply to your case. *Your county below routes you to the nearest office.* Missouri **5-year** filing deadline (RSMo § 516.120) **Pure comparative fault** — recover even at 99% fault **No cap** on pain & suffering damages Gov't notice: **90 days** (RSMo § 537.600) Kansas **2-year** filing deadline (K.S.A. § 60-513) **50% bar rule** — 50%+ fault = $0 recovery **No cap** on pain & suffering (cap struck down, *Hilburn v. Enerpipe*, 2019) Wrongful death: **$250K** nonpecuniary cap (K.S.A. § 60-1903) **No-fault PIP** — threshold to sue (K.S.A. § 40-3107) Gov't notice: **120 days** (K.S.A. § 12-105b) | Factor | Missouri | Kansas | | --- | --- | --- | | Statute of limitations | 5 years (RSMo § 516.120) | 2 years (K.S.A. § 60-513) | | Comparative fault | Pure — recover even at 99% fault (RSMo § 537.765) | Modified — 50%+ fault bars recovery (K.S.A. § 60-258a) | | Pain & suffering cap | None | None for standard PI (*Hilburn v. Enerpipe*, 2019); $250,000 for wrongful death nonpecuniary damages (K.S.A. § 60-1903) | | No-fault / PIP | No — full tort state | Yes — PIP pays first; threshold to sue (K.S.A. § 40-3107) | | Wrongful death SOL | 3 years (RSMo § 537.100) | 2 years (K.S.A. § 60-1902) | | Govt entity notice | 90 days (RSMo § 537.600) | 120 days (K.S.A. § 12-105b) | | UIM requirement | Must be offered (RSMo § 379.203) | Required ≥ BI limit (K.S.A. § 40-284) | Your County / Area (for nearest office routing) i Your county is used to route you to the nearest Kevin McManus Law office (Kansas City, Overland Park, or Lee's Summit). It does not need to be the same state as the accident — select whichever is most convenient for you. — Select your county — Jackson County (Kansas City area) Clay County Platte County Cass County Ray County Lafayette County Johnson County, MO Boone County Cole County St. Louis County Jackson County (Lee's Summit / eastern) Johnson County, KS Wyandotte County Douglas County Leavenworth County Miami County Franklin County 2 Injury & Economic Damages **Your estimated range appears on the right as soon as you complete this section.** Injury Severity i Severity and permanency drive non-economic damages (pain and suffering). Neither Missouri nor Kansas caps noneconomic damages in standard personal injury cases. (The Kansas cap was struck down in *Hilburn v. Enerpipe*, 2019.) Kansas wrongful death claims carry a $250,000 nonpecuniary cap (K.S.A. § 60-1903). — Select severity — Minor soft tissue (sprains, strains, whiplash) Moderate — fractures, surgery, extended recovery Serious — permanent impairment, long-term disability Catastrophic — TBI, spinal cord injury, amputation, wrongful death Medical Expenses Bills to date i Includes ER, surgery, hospitalization, imaging, physical therapy, chiropractic, and medication. Use the full billed amount — not the insurer's adjusted figure. $ Future medical costs i Future treatment needs are recoverable in both states. In serious-injury cases, future medicals can exceed past medicals. $ Lost Income Lost wages to date $ Future lost earnings i If your injury permanently limits your ability to work, you can recover the present value of diminished earning capacity. $ 3 Your Accident Type of Accident — Select accident type — Car accident Truck / commercial vehicle accident Motorcycle accident Slip & fall / premises liability Dog bite Pedestrian accident Bicycle accident Construction / workplace accident Nursing home abuse / neglect Other Date of Accident i Missing the statute of limitations permanently bars your right to recover, regardless of how strong your case is. Exceptions exist for minors (tolled until age 18 in both states) and the discovery rule for latent injuries. 4 Fault Assessment Were you at fault in any way? i Missouri uses pure comparative fault — your recovery is reduced by your percentage of fault, but never eliminated. Kansas uses a 50% bar rule: if you're found 50% or more responsible, you recover nothing. Insurance companies routinely inflate your fault percentage to reduce payouts. No Yes Unsure Help Us Estimate Your Fault Were you cited by police for this accident? Yes No Unsure Was the other driver cited or found at fault? Yes No Unsure Were you changing lanes, turning, or merging just before the collision? Yes No Were there witnesses who saw what happened? Yes, in my favor Yes, against me None / Unclear Your estimated fault percentage 15% 0% — Not at fault 49% — Near bar 5 Insurance Coverage At-fault party's estimated policy limit i Missouri minimum auto liability: $25,000 per person / $50,000 per accident (RSMo § 303.025). Kansas minimum: $25,000/$50,000 (K.S.A. § 40-3107). In serious-injury cases, the at-fault driver's policy limit is often the practical ceiling on direct recovery. Unknown Under $25,000 $25,000 – $100,000 $100,000 – $300,000 Over $300,000 Do you have Underinsured Motorist (UIM) coverage? i Missouri requires insurers to offer UIM coverage (RSMo § 379.203). Kansas requires UIM coverage equal to or exceeding the bodily injury limit (K.S.A. § 40-284). If the at-fault driver is underinsured, your own UIM policy can bridge the gap. Yes No Unsure Your UIM policy limit Unknown Up to $25,000 $25,000 – $50,000 $50,000 – $100,000 $100,000 – $300,000 Over $300,000 Kansas PIP — Have your PIP benefits been exhausted? i Kansas is a no-fault state. Personal Injury Protection (PIP) under K.S.A. § 40-3107 pays your medical bills and lost wages regardless of fault, up to your policy limit. You may only sue for noneconomic damages (pain and suffering) if your medical bills exceed the PIP threshold or you suffer a permanent injury, significant scarring/disfigurement, or death. Yes Exhausted No Not yet N/A 6 Additional Circumstances Pre-existing conditions disputed by the other side? i Both Missouri and Kansas follow the "eggshell plaintiff" doctrine — defendants take you as they find you. However, disputed pre-existing conditions create causation uncertainty that can reduce awards in practice. Clear documentation from your treating physician is essential. No Yes Unsure Government entity involved? i Claims against Missouri government entities require written notice within 90 days of the incident (RSMo § 537.600). Kansas claims require notice within 120 days (K.S.A. § 12-105b). Missing these deadlines can be fatal to your claim even if the SOL has not expired. No Yes Unsure Was this injury caused by medical negligence? (Hospital, doctor, or healthcare provider error) i Medical malpractice claims are governed by different rules and deadlines. In Missouri, the med mal SOL is 2 years (RSMo § 516.105) regardless of injury or death. Kevin McManus Law does not handle medical malpractice cases — selecting Yes will redirect you to the appropriate guidance. No Yes Unsure Estimated Settlement Range Fill in the form to see your estimated settlement range. What-If Scenarios Scenarios will appear after you enter your damages. What's Moving Your Estimate Risk factors will appear as you fill out the form. --- ## Understanding Personal Injury Settlements in Missouri and Kansas When you've been injured in an accident in the [Kansas City metro area](https://www.kevinmcmanuslaw.com/) — whether in Missouri or just across the state line in Kansas — one of the first questions on your mind is: *what is my case worth?* This tool gives you an evidence-based starting point, but the answer depends on a web of legal rules, factual circumstances, and strategic decisions that vary significantly between the two states. Understanding those differences is the first step toward protecting your rights. ### 1. What a Personal Injury Settlement Covers Missouri and Kansas personal injury law both allow injured victims to recover two broad categories of damages: **Economic damages** — also called "special damages" — are your quantifiable financial losses. They include past and future medical expenses (emergency care, surgery, physical therapy, medications, assistive devices), past and future lost wages and diminished earning capacity, and any other out-of-pocket costs caused by the accident. Under RSMo § 537.765 and K.S.A. § 60-258a, economic damages are recoverable in proportion to the fault attributable to the defendant. **Noneconomic damages** — also called "general damages" — compensate you for harm that cannot be tallied on a receipt. Pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and loss of consortium for a spouse all fall into this category. These damages are typically the largest and most contested component of any serious personal injury case — particularly in [traumatic brain injury](https://www.kevinmcmanuslaw.com/kansas-city-mo/traumatic-brain-injury-lawyer/) and [wrongful death](https://www.kevinmcmanuslaw.com/kansas-city-mo/wrongful-death-lawyer/) cases — and they are where an experienced attorney adds the most value. ### 2. How Missouri's Pure Comparative Fault Differs from Kansas's 50% Bar The most important legal difference between the two states for most accident victims is the comparative fault standard. | Doctrine | Missouri (RSMo § 537.765) | Kansas (K.S.A. § 60-258a) | | --- | --- | --- | | Standard | Pure comparative negligence | Modified comparative negligence (50% bar) | | Can you recover if 51% at fault? | Yes — reduced proportionally | No — recovery is completely barred | | Can you recover if 49% at fault? | Yes — reduced by 49% | Yes — reduced by 49% | | Who decides fault percentages? | Jury or judge at trial | Jury or judge at trial | | Insurance tactic | Inflate your fault to reduce payout | Inflate your fault to 50%+ to eliminate claim | In practice, Kansas's 50% bar means that insurance adjusters and defense attorneys have a powerful incentive to argue that you bear at least half the responsibility for an accident — because doing so eliminates your recovery entirely. A skilled attorney can counter these arguments with evidence, expert witnesses, and reconstructions of the accident. ### 3. The Statute of Limitations: Missouri vs. Kansas The statute of limitations (SOL) is your hard filing deadline — miss it, and you permanently lose your right to recover, no matter how clear-cut liability is or how serious your injuries are. This is not a technicality that courts routinely excuse. - **Missouri:** 5 years from the date of injury for most personal injury claims (RSMo § 516.120). Wrongful death claims must be filed within 3 years (RSMo § 537.100). - **Kansas:** 2 years from the date of injury for most personal injury claims (K.S.A. § 60-513). Wrongful death claims must be filed within 2 years (K.S.A. § 60-1902). - **Medical malpractice:** If the injury or death was caused by a healthcare provider's negligence, a separate 2-year SOL applies in Missouri (RSMo § 516.105) regardless of whether the outcome was injury or death — not the standard 5-year or 3-year periods above. Kevin McManus Law does not handle medical malpractice claims. - **Government entities — Missouri:** If a city, county, state agency, or public transit authority caused your accident, you must file written notice within **90 days** of the incident, before the standard SOL even becomes relevant (RSMo § 537.600). - **Government entities — Kansas:** Written notice is required within **120 days** (K.S.A. § 12-105b). - **Minors:** In both states, the SOL is tolled (paused) until the minor turns 18, at which point the clock begins to run. - **Discovery rule:** For latent injuries — such as internal injuries or conditions that do not manifest until later — the SOL may begin running from the date you discovered (or reasonably should have discovered) the injury, rather than the date of the accident itself. Never assume the discovery rule applies without consulting an attorney. #### Don't Guess at Your Deadline The calculator above estimates your remaining time based on the dates you enter. But individual circumstances can change the analysis — minors, government defendants, latent injuries, and multiple defendants all require careful evaluation. [Get a Free Case Review](https://www.kevinmcmanuslaw.com/contact/) ### 4. Insurance Coverage and Policy Limits in KC-Area Cases Missouri requires drivers to carry at least $25,000 per person / $50,000 per accident in bodily injury liability coverage (RSMo § 303.025). Kansas requires the same minimum: $25,000/$50,000 (K.S.A. § 40-3107). In serious-injury cases, these minimums are often inadequate — a surgery alone can exceed $25,000 before you even count lost wages or pain and suffering. Both states require insurers to offer Underinsured Motorist (UIM) coverage. Missouri mandates that insurers offer it (RSMo § 379.203); Kansas requires UIM coverage at least equal to the bodily injury limit (K.S.A. § 40-284). If the at-fault driver is underinsured — their policy limit is lower than your total damages — your own UIM coverage bridges the gap. Many accident victims in the Kansas City metro do not realize they have UIM coverage, or they do not realize how to access it. Kansas is a no-fault state. Personal Injury Protection (PIP) under K.S.A. § 40-3107 pays your medical bills and lost wages regardless of fault, up to your policy limit. However, to sue for noneconomic damages (pain and suffering), your medical bills must exceed the PIP threshold, or your injury must involve permanent disfigurement, a fracture, or another threshold condition. If your PIP benefits have not been exhausted and your injuries don't meet a threshold, your ability to recover noneconomic damages in Kansas may be limited — a fact that the estimator reflects above. ### 5. Kansas Noneconomic Damages — Cap Struck Down for Standard PI Kansas previously capped noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life) at $325,000 under K.S.A. § 60-19a02, with that figure rising over time from an initial $250,000. In 2019, the Kansas Supreme Court struck down that cap as unconstitutional in *Hilburn v. Enerpipe Ltd.*, 309 Kan. 722. As a result, **ordinary personal injury noneconomic damages are no longer capped in Kansas** — the same as Missouri. One important exception remains: Kansas wrongful death claims are still subject to a separate $250,000 cap on *nonpecuniary* (noneconomic) damages under K.S.A. § 60-1903. This cap applies to damages other than pecuniary loss — meaning out-of-pocket economic losses (medical bills, lost income, funeral expenses) are fully recoverable, but pain, suffering, and grief-related damages are capped at $250,000. Economic damages — medical expenses, lost wages, diminished earning capacity — are not subject to any cap and remain fully recoverable based on actual losses in both states. ### 6. How to Use the Settlement Estimator The tool above walks you through seven sections: your state and location (which drives all legal rules), accident details and date (for SOL calculation), fault assessment (with a slider reflecting MO or KS comparative fault rules), economic damages (medical bills and lost income, past and future), insurance coverage (policy limits, UIM, and Kansas PIP), and injury severity and circumstances. As you fill in each field, the results panel updates in real time with a Conservative, Midpoint, and Optimistic estimate, a set of what-if scenarios, and a list of factors driving your estimate up or down. The calculation applies the appropriate noneconomic multiplier range for your injury severity, reduces for disputed pre-existing conditions, applies the Kansas noneconomic cap if your state is Kansas and your injury is serious or catastrophic, reduces for comparative fault, and applies a policy limit ceiling if the at-fault driver's coverage is lower than your calculated damages. A methodology note is displayed beneath each estimate so you understand exactly what drove the numbers. ### 7. What to Do After Using the Tool **Do not accept a settlement offer without speaking with an attorney first.** Insurance companies regularly extend initial offers that are a fraction of a case's actual value — particularly in serious-injury cases where future medical needs and earning capacity are at stake. Once you sign a release, your claim is generally final and you cannot reopen it even if your injuries worsen. In the meantime: gather your medical records, bills, and any income documentation; preserve photos of the accident scene, your injuries, and your vehicle; get contact information from any witnesses; and avoid discussing your case on social media. Do not give a recorded statement to any insurance company — their adjusters are trained to elicit comments that can be used to reduce or deny your claim. ### 8. Frequently Asked Questions How is pain and suffering calculated in Missouri and Kansas? + Neither Missouri nor Kansas uses a fixed formula. In practice, attorneys, insurance adjusters, and juries often use a "multiplier" approach — multiplying economic damages by a factor (typically 1× to 5× or more for serious injuries) to arrive at a noneconomic damage figure. The multiplier reflects the severity, permanency, and impact of your injuries on daily life. A skilled attorney will document your pain and limitations through medical records, personal journals, testimony from family and friends, and expert witnesses. Neither state caps noneconomic damages in standard personal injury cases — Kansas's $325,000 cap was struck down by the Kansas Supreme Court in *Hilburn v. Enerpipe* (2019). However, Kansas wrongful death claims retain a separate $250,000 cap on nonpecuniary damages (K.S.A. § 60-1903). Can I still recover if I was partially at fault? + Yes — in both Missouri and Kansas, but with an important difference. Missouri uses *pure* comparative fault (RSMo § 537.765): you can recover even if you are 99% at fault; your award is simply reduced by your percentage of responsibility. Kansas uses *modified* comparative fault with a 50% bar (K.S.A. § 60-258a): you can recover if you are 49% or less at fault, but if you are found 50% or more at fault, you receive nothing. Insurance companies know this and routinely attempt to inflate your fault percentage to reduce — or eliminate — your claim. What if the at-fault driver doesn't have enough insurance? + This is one of the most common situations in KC-area cases. Options include: (1) making a UIM claim under your own policy if you have underinsured motorist coverage (both Missouri and Kansas have requirements around this — RSMo § 379.203 and K.S.A. § 40-284); (2) pursuing the at-fault driver personally for assets above their policy limit; or (3) in some cases, identifying additional defendants (e.g., the employer of a commercial driver, a property owner, a vehicle manufacturer). An attorney can evaluate all potential sources of recovery and ensure you don't leave money on the table. How long does a PI settlement typically take? + It depends on the severity of your injuries and whether the case settles or goes to trial. Many soft-tissue cases resolve within 6–12 months of hiring an attorney. Serious-injury cases involving surgery, long-term treatment, or disputed liability can take 1–3 years. Cases that go to trial take longer still. Your attorney will typically advise you to wait until you reach "maximum medical improvement" (MMI) before settling — so the full extent of your future medical needs is known and documented. Settling too early can leave significant future damages on the table. Does filing an insurance claim stop the statute of limitations? + No. Filing a claim with an insurance company — even your own — does *not* toll (pause) the statute of limitations. The SOL clock runs from the date of the accident regardless of whether insurance negotiations are ongoing. Many victims lose their right to file suit because they were in good-faith settlement negotiations and assumed the clock was not running. If negotiations break down near the deadline, you may be permanently barred from filing suit. Do not let this happen — consult an attorney well before the deadline. What is the "eggshell plaintiff" doctrine and how does it affect my case? + The "eggshell plaintiff" rule holds that a defendant must take the plaintiff as they find them — even if a pre-existing condition made the plaintiff more susceptible to injury than an ordinary person would have been. This means that if a prior back condition was aggravated or worsened by your accident, you can recover for the aggravation even though a healthier person would not have been as severely injured. Both Missouri and Kansas recognize this doctrine. However, insurance companies and defense attorneys will argue that any pre-existing condition is responsible for your current pain — which is why thorough medical documentation linking your symptoms to the accident is so important. ### Legal Sources & Official Citations Missouri Revised Statutes - [RSMo § 516.120](https://revisor.mo.gov/main/OneSection.aspx?section=516.120) — 5-year personal injury SOL - [RSMo § 516.105](https://revisor.mo.gov/main/OneSection.aspx?section=516.105) — 2-year medical malpractice SOL (injury or death) - [RSMo § 537.765](https://revisor.mo.gov/main/OneSection.aspx?section=537.765) — Pure comparative fault - [RSMo § 537.600](https://revisor.mo.gov/main/OneSection.aspx?section=537.600) — Government tort claims notice (90 days) - [RSMo § 537.100](https://revisor.mo.gov/main/OneSection.aspx?section=537.100) — Wrongful death SOL (3 years) - [RSMo § 537.080](https://revisor.mo.gov/main/OneSection.aspx?section=537.080) — Wrongful death beneficiaries - [RSMo § 379.203](https://revisor.mo.gov/main/OneSection.aspx?section=379.203) — UIM coverage requirement - [RSMo § 303.025](https://revisor.mo.gov/main/OneSection.aspx?section=303.025) — Minimum auto liability coverage - [RSMo § 273.036](https://revisor.mo.gov/main/OneSection.aspx?section=273.036) — Strict liability dog bites - [RSMo § 510.261](https://revisor.mo.gov/main/OneSection.aspx?section=510.261) — Punitive damages Kansas Statutes Annotated - [K.S.A. § 60-513](https://www.kslegislature.org/li/b2023_24/statute/060_000_0000_chapter/060_005_0000_article/060_005_0513_section/060_005_0513_k/) — 2-year personal injury SOL - [K.S.A. § 60-258a](https://www.kslegislature.org/li/b2023_24/statute/060_000_0000_chapter/060_002_0000_article/060_002_0258a_section/060_002_0258a_k/) — Modified comparative fault (50% bar) - [K.S.A. § 60-19a02](https://www.kslegislature.org/li/b2023_24/statute/060_000_0000_chapter/060_001_0000_article/060_001_9a02_section/060_001_9a02_k/) — Former noneconomic cap (struck down, *Hilburn v. Enerpipe*, 2019) - K.S.A. § 60-1903 — Wrongful death nonpecuniary cap ($250,000; still in force) - [K.S.A. § 40-3107](https://www.kslegislature.org/li/b2023_24/statute/040_000_0000_chapter/040_031_0000_article/040_031_0107_section/040_031_0107_k/) — PIP no-fault threshold - [K.S.A. § 40-284](https://www.kslegislature.org/li/b2023_24/statute/040_000_0000_chapter/040_002_0000_article/040_002_0284_section/040_002_0284_k/) — UIM coverage requirement - [K.S.A. § 12-105b](https://www.kslegislature.org/li/b2023_24/statute/012_000_0000_chapter/012_001_0000_article/012_001_0105b_section/012_001_0105b_k/) — Government claims notice (120 days) - [K.S.A. § 60-1902](https://www.kslegislature.org/li/b2023_24/statute/060_000_0000_chapter/060_019_0000_article/060_019_1902_section/060_019_1902_k/) — Wrongful death SOL (2 years) Federal Regulations - [49 C.F.R. § 390](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-390) — FMCSA commercial vehicle regulations - [49 C.F.R. § 379.7](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-379/section-379.7) — Commercial vehicle records retention **DISCLAIMER:** This tool is educational and informational only. It does not constitute legal advice and does not create an attorney-client relationship. Settlement estimates are illustrative — actual results vary significantly based on the specific facts of your case. Missouri and Kansas laws change; consult a licensed attorney for advice specific to your situation. No data entered is stored or transmitted. The choice of a lawyer is an important decision and should not be based solely on advertisements. Past results afford no guarantee of future results. Notable results include: $14.5M truck crash settlement; $4M long-term disability recovery; $2M brain injury recovery. Each case is different and is judged on its own merits. © Kevin McManus Law Injury & Disability Attorneys | [kevinmcmanuslaw.com](https://www.kevinmcmanuslaw.com) | (816) 203-0143 Kevin McManus Law — Settlement Intake Summary kevinmcmanuslaw.com | (816) 203-0143 | Generated This document is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created. Settlement estimates are illustrative and actual results may vary significantly. No data entered was stored or transmitted. **Kevin McManus Law does not handle medical malpractice cases.** We handle personal injury, car accidents, truck crashes, slip and fall, and wrongful death — but not claims arising from a healthcare provider's negligence. ${solNote} Please contact a medical malpractice attorney as soon as possible. --- Source: https://www.kevinmcmanuslaw.com/personal-injury-settlement-calculator/