Legal Question in Personal Injury in Kansas

accidental gunshot

I was accidentally shot by a

homeowner inside his home. He was

showing me his pistol and gun went

off. Gunshot shattered my femur.

aprox. 50,000 in medicals. He does

have homeowners insurance. Will

his homeowners insurance cover

this, and if so, what settlement range

could i possibly expect?

Asked on 5/13/08, 11:13 pm

3 Answers from Attorneys

Jeff Heinrichs McLeod & Heinrichs

Re: accidental gunshot

Ouch! That sounds incredibly painful. Homeowner's insurance may cover an injury like this but it depends on the details of what happened and the language of the homeowner's policy.

Generally, you are entitled to recover your medical bills and lost wages (both past and future) as well as an amount for your pain and permanency of your injuries.

Kansas has a statute of limitations that could prevent your recovery, no matter how valid, if you do not act within a specific amount of time. If you have any questions, I would be happy to discuss it with you further. Please email or call me at your convenience.

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Answered on 5/14/08, 12:03 am

Jim Wisler James L. Wisler Law Offices

Re: accidental gunshot

It is difficult to determine what you case is worth without knowing many more facts. His homeowner's policy should pay for his negligence, but you do have to prove it was negligence. Your damages are your medical bills, including what insurance may have paid, past and future, your lost income past and future and your pain and suffering, permanent disability past and future. A good personal injury attorney can get you more than the insurance carrier will offer. I suggest you get legal advice from an attorney. Good luck.

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Answered on 5/14/08, 8:16 am
Rian Ankerholz Ankerholz and Smith

Re: accidental gunshot

Our office has had success in handling accidental shooting cases. It appears that your case has merit from a homeowner's liability standpoint. Any compensation will be based on the amount of medical bills incurred, lost income, disability and pain and suffering. Always remember that negligence cases such as these are covered by a Statute of Limitation. Any lawsuit arising out of the situation must be filed prior to the expiration of the Statute of Limitation. Otherwise, it will be forever barred.

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Answered on 5/14/08, 9:33 am

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