K.S.A. 60-249a.Itemized verdict, personal injury actions; jury instructions
Last amended January 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-249a requires a jury or other trier of fact that finds for a plaintiff in a personal injury damages case to itemize the award into noneconomic, medical-expense, and other economic categories, split between past and future damages where applicable, based only on evidence introduced at trial.
(a)Itemizing damages awarded. If the trier of fact finds for the plaintiff in an action for damages for personal injury, the trier of fact must itemize the amounts awarded for the following items of damage, subject to the provisions of subsection (c):
(1)Noneconomic injuries and losses, as follows:
(A)Pain and suffering, (B) disability, (C) disfigurement, and any accompanying mental anguish;
(2)reasonable expenses of necessary medical care, hospitalization and treatment received; and
(3)economic injuries and losses other than those itemized under subsection (b) (2)*.
(b)Future damages. When applicable, the trier of fact must further itemize the amounts required to be itemized under subsection (a) to reflect those amounts awarded for damages sustained to date and those awarded for damages reasonably expected to be sustained in the future.
(c)Damages considered by jury. In an action for damages for personal injury, the instructions to the jury and the itemized verdict form must refer only to those items of damage on which evidence has been introduced at trial.
Amendment History
L. 1987, ch. 224, § 1; L. 1993, ch. 109, § 1; L. 2010, ch. 135, § 120; July 1. Revisor's Note: * Reference to subsection (b)(2) should be to subsection (a)(2) instead.
Revisor's Note
* Reference to subsection (b)(2) should be to subsection (a)(2) instead.
Plain-English Summary
Subsection (a) applies whenever the trier of fact finds for the plaintiff in an action for damages for personal injury. In that situation, the award must be itemized into specific categories: noneconomic injuries and losses -- broken down further into pain and suffering, disability, disfigurement, and any accompanying mental anguish -- reasonable expenses of necessary medical care, hospitalization, and treatment received, and economic injuries and losses other than those already itemized. A Revisor's Note flags that the cross-reference in that third category, as printed, points to the wrong subsection, and identifies the subsection it should point to instead.
Subsection (b) adds a further layer when it applies: the trier of fact must split each of those itemized amounts between damages already sustained and damages reasonably expected in the future. Subsection (c) keeps the whole itemization tethered to the trial record -- the jury instructions and the itemized verdict form may refer only to the items of damage on which evidence was introduced at trial.
Frequently Asked Questions
What categories of damages does a Kansas jury have to itemize in a personal injury case?
Subsection (a) requires itemizing noneconomic injuries and losses (pain and suffering, disability, disfigurement, and accompanying mental anguish), reasonable expenses of necessary medical care, hospitalization, and treatment received, and other economic injuries and losses.
Does the jury have to separate past damages from future damages?
Yes, when it applies. Subsection (b) requires the itemized amounts under subsection (a) to be further split between damages sustained to date and damages reasonably expected to be sustained in the future.
Can the jury be instructed on damage categories that no evidence was presented on?
No. Subsection (c) limits the jury instructions and itemized verdict form to only those items of damage on which evidence was introduced at trial.
Is there a known error in how 60-249a's text cross-references itself?
Yes. An official Revisor's Note points out that the cross-reference in subsection (a)(3), as printed, cites the wrong subsection and identifies the one it should cite instead.
Does 60-249a apply to any civil damages award?
No. By its terms, subsection (a) applies only when the trier of fact finds for the plaintiff in an action for damages for personal injury.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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