WHY CALEB SCHWAB’S FAMILY MAY SETTLE

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WHY WOULD CALEB SCHWAB'S FAMILY SETTLE INSTEAD OF TAKING SCHLITTERBAHN TO COURT?

In case you missed it, there was an interesting article in the Kansas City Star dated August 19, 2016. The premise of the article looked at the likelihood of the general public seeing a case study published on the cause of the accident; whether police determined fault and where that fault lies. What we found interesting is the information on Personal Injury Law in the State of Kansas and how tort reforms from the last century will play a role in the families decision.

Caleb Schwab's family has every right to sue Schlitterbahn for wrongful death. Yet, should the family choose to file a case against the waterpark, the total non-economic damages they can hope to receive will be a mere $250,000.

While the State of Kansas does not limit economic damages for plaintiffs in wrongful death cases, we are talking about a child who did not earn wages, making economic damages difficult to recover.

Why is the amount so low for a family suffering such tragic loss?

We can thank tort reforms passed in 1988 by the Kansas Legislature. These reforms limit non-economic damages in Kansas for wrongful death cases to a total of $250,000.

Adding insult to injury, punitive damages are unattainable in wrongful death cases in Kansas.

Because Schlitterbahn is a Texas company, Texas law could govern part or all legal proceedings associated with Caleb's death. This would benefit the family since Texas does not limit the dollar amounts paid out to plaintiffs in jury verdicts as Kansas does.

But if Kansas law applies, the limitations on damages could make a settlement more likely.

To read the entire article, follow this link: http://www.kansascity.com/news/article96777077.html#storylink=cpy