IMPORTANT NOTICE – PLEASE READ BEFORE USING
- This template is provided for general informational and drafting purposes only and does not constitute legal advice.
- Use of this form does not create an attorney-client relationship.
- Kansas procedural rules, local court rules, and substantive law change over time. Consult a licensed Kansas attorney to review, customize, and file any pleading derived from this template.
- Bracketed items (e.g., [PLAINTIFF NAME]) must be completed or revised to fit the specific facts and procedural posture of the case.
PETITION FOR PERSONAL INJURY DAMAGES
Kansas District Court – Civil Action
[// GUIDANCE: Kansas courts traditionally use the term “Petition” rather than “Complaint.”]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Parties
- General Allegations
- Negligence Cause of Action (Count I)
- Damages
- Reservation of Comparative Fault Issues
- Prayer for Relief
- Jury Demand
- Verification (optional)
- Certificate of Service
1. DOCUMENT HEADER
IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
CIVIL DEPARTMENT
[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Case No. [__]
) Division [_]
[DEFENDANT NAME], )
Defendant. )
PETITION FOR PERSONAL INJURY DAMAGES
Effective Date of Filing: [DATE]
2. DEFINITIONS
[// GUIDANCE: Definitions improve clarity and reduce repetition.]
“Accident” means the incident that occurred on [DATE] at or near [LOCATION].
“Damages” means all economic and non-economic losses recoverable under Kansas law, including but not limited to past and future medical expenses, lost wages, pain, suffering, mental anguish, and any other elements of recovery recognized by Kansas statute or common law.
“Injuries” means the bodily injuries Plaintiff sustained as a direct and proximate result of Defendant’s conduct, including aggravation of pre-existing conditions where applicable.
“Parties” collectively refers to Plaintiff and Defendant.
3. JURISDICTION, VENUE & PARTIES
3.1 Jurisdiction is proper pursuant to K.S.A. Chapter 60 because the causes of action arise under Kansas common law and the amount in controversy exceeds the jurisdictional minimum of this Court.
3.2 Venue lies in [COUNTY] County under K.S.A. 60-604 because the Accident occurred in this county and/or Defendant resides, transacts business, or may be served here.
3.3 Plaintiff [PLAINTIFF NAME] is an individual resident of [ADDRESS, COUNTY, STATE].
3.4 Defendant [DEFENDANT NAME] is [an individual / a Kansas corporation / an out-of-state corporation authorized to do business in Kansas] with its principal place of business at [ADDRESS]. Defendant may be served through [Registered Agent / personal service details].
4. GENERAL ALLEGATIONS
4.1 On [DATE], Plaintiff was [describe activity—e.g., lawfully operating a motor vehicle eastbound on Main Street].
4.2 At the same time and place, Defendant [describe conduct—e.g., negligently failed to stop at a red traffic signal].
4.3 Defendant owed Plaintiff, and the general public, a duty to exercise reasonable care under the circumstances.
4.4 Defendant breached that duty by, inter alia, [list specific negligent acts or omissions].
4.5 Defendant’s breach directly and proximately caused the Accident and Plaintiff’s resulting Injuries.
4.6 Plaintiff has incurred, and will continue to incur, medical expenses, lost wages, diminished earning capacity, pain, suffering, and other Damages.
[// GUIDANCE: Attach additional factual detail or exhibits (e.g., police report) if strategically advantageous and permitted under local rules.]
5. NEGLIGENCE – COUNT I
5.1 Plaintiff realleges and incorporates by reference Paragraphs 1-4 as though fully set forth herein.
5.2 Duty. Defendant owed Plaintiff a duty of reasonable care as established under Kansas negligence law.
5.3 Breach. Defendant breached that duty through the acts and omissions described above.
5.4 Causation. Defendant’s breach was the direct and proximate cause of Plaintiff’s Injuries and Damages.
5.5 Damages. Plaintiff has suffered Damages in an amount to be proven at trial, including but not limited to:
a. Past and future medical expenses;
b. Past and future lost wages and loss of earning capacity;
c. Non-economic damages such as pain, suffering, mental anguish, and loss of enjoyment of life; and
d. Any other damages permitted by Kansas law.
6. DAMAGES
6.1 Plaintiff seeks compensatory damages in excess of the amount required for a jury trial classification under K.S.A. 61-2703 (currently $75,000) to be determined according to proof.
6.2 Punitive Damages. Plaintiff reserves the right to amend this Petition to seek punitive damages pursuant to K.S.A. 60-3703 upon a showing of willful, wanton, or malicious conduct after discovery.
6.3 Damage Caps. The Kansas Supreme Court has held that the statutory cap on non-economic damages in personal-injury actions is unenforceable; accordingly, Plaintiff seeks full recovery of non-economic damages without statutory limitation.
[// GUIDANCE: If wrongful-death claims are involved, different caps may apply; revise accordingly.]
7. RESERVATION OF COMPARATIVE FAULT ISSUES
7.1 Kansas follows a modified comparative fault system under which Plaintiff’s recovery is reduced by Plaintiff’s percentage of fault, provided Plaintiff’s fault does not exceed 49%.
7.2 Plaintiff affirmatively pleads that her comparative fault, if any, is less than the fault of Defendant and any other responsible non-parties.
[// GUIDANCE: Consider naming unknown tortfeasors as “John Doe” defendants to preserve comparative-fault allocations.]
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in her favor and against Defendant as follows:
A. For compensatory damages in an amount to be determined by the trier of fact;
B. For pre- and post-judgment interest as allowed by law;
C. For costs, expenses, and reasonable attorney fees as permitted by statute or contract;
D. For punitive damages (if later pled and proven); and
E. For such other and further relief as the Court deems just and equitable.
9. JURY DEMAND
Plaintiff hereby demands trial by jury on all issues so triable.
10. VERIFICATION (OPTIONAL)
STATE OF KANSAS )
) ss.
COUNTY OF ______ )
I, [PLAINTIFF NAME], being first duly sworn, state that I have read the foregoing Petition for Personal Injury Damages and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn before me this ___ day of _, 20.
Notary Public
My Commission Expires: ______
[// GUIDANCE: Verification is not mandatory under K.S.A. 60-208(a) but may be strategically useful.]
11. CERTIFICATE OF SERVICE
I hereby certify that on the ___ day of _, 20, a true and correct copy of the foregoing Petition was served upon the following counsel/parties by [method of service—e.g., electronic filing notification, U.S. mail, hand delivery]:
• [NAME], Attorney for Defendant, [ADDRESS / EMAIL]
[ATTORNEY NAME] (KS #_____)
[Law Firm Name]
[Address]
[Phone] | [Email]
Attorney for Plaintiff
[END OF TEMPLATE]
[// GUIDANCE:
1. Confirm all local rules for font size, margins, pleading paper, and electronic filing formatting.
2. Insert civil cover sheet and summons pursuant to K.S.A. Chapter 60 and local practice.
3. Review comparative-fault pleadings carefully when multiple defendants are involved.
4. Continually update the form to reflect any changes in Kansas statutory or case law, particularly regarding damage caps and apportionment rules.
]