Kansas  |  Insurance Law

Legal Question

Asked on: 11/09/04, 5:09 pm

Personal Injury

My wife broke her ankle last spring by stepping into a hole outside a business. They landowner's insurance paid for the claims and now wishes to close their file by having her agree to a settlement. If the medical bills ran a total of $1800, for how much should she ask? How long does she have to decide? Thanks.

1 Answer

Answered on: 11/10/04, 9:14 am by Tim Elliott

Re: Personal Injury

A suit against the landowner for negligence would need to be filed within 2 years from the date of accident if it occurred in Kansas. Additional information beyond the medical expense is needed in order to properly evaluate the claim. Type of injury, whether there is a permanent impairment, impact on past and future earnings, anticipated future medical expense, age, sex, and other demographic information on the parties, jurisdiction, value of substitute services, anticipated litigation costs for both sides, loss of consortium, and other factors are utilized in order to properly evaluate the claim. Quite frankly, in my opinion, an unrepresented party is not in a very good position to evaluate and negotiate a settlement of this type of claim. We will typically use the Jury Verdict Research data base, and most insurers have access to a data base as well. Please have your wife feel free to call us at 913 491-2855 if she would like to further discuss this matter.

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Elliott Law Firm, L.C., Attorneys At Law P.O. Box 27268 Shawnee Mission, KS 66225

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