Legal Question in Personal Injury in Kansas
regarding a compensation for personal injury due to vehicle accident
My Mother,Myself and 2 month old child were hit by another vehicle on the hwy. this happened almost 5 months ago and the insurance company just called my mother with her settlement they could not offer me a settlement at the time because, they misplaced my paper work! the only reason they called my mother is because she called the insurance commissioner on the claim rep. she did'nt even offer her atleast what her med. bills were. we were not seriously injured, but the emotional stress is terrible. I have a jaw that pops every time I open my mouth and there is nothing they can do for it, it could be that why for the rest of my life! I think that we should recieve more. Just because we did'nt die or get disfigured does'nt mean we did'nt suffer, due to anothers negligence.
2 Answers from Attorneys
Re: regarding a compensation for personal injury due to vehicle accident
Even a simple automobile accident can generate rather complex legal issues. For example, the no-fault threshhold, personal injury protection benefits and subrogation insues, uninsured and underinsured motorist benefits, comparative fault, health care provider liens, and many other issues are subject to statutes and/or case law that are beyond the knowledge of most non-lawyers. It's not unusual for the intial settlement offer to an unrepresented person to be insufficient. Obtaining a proper settlement usually involves presenting a demand with and itemization of damage elements, and support for demanded values. Often, experts such as doctors, economists, vocational experts, and others are helpful in supporting a demand. Jury verdict research studies can also be helpful. Attorneys can be helpful in putting these items together in a settlement brochure, to give the adjuster a basis for a higher offer. The retention of an attorney also lets the insurance company know the injured person is serious about obtaining a fair settlement, and allows them to include possible defense costs in their claim analysis. The bottom line is an injured person is often far better off with an attorney, even after the attorney's fee, than without legal representation. Contingency fee arrangements are common and allow an injured person to obtain counsel with no up-front cost for legal fees. Please feel free to contact us should you wish to further discuss the details of your injuries.
Re: regarding a compensation for personal injury due to vehicle accident
I am sorry about your injuries and the way you have been treated by the insurance company. I think you do need a lawyer to at least review the facts and the law and give you advice on what to do. You say you were not "seriously injured", but you go on to say that your jaw pops every time you open your mouth. That may be a very serious injury. It sounds like you injured your temporomandibular joint in the wreck. This can require surgery to correct. It may be a lifetime problem for you.
In short, don't listen to the insurance companies. See a lawyer. Call me if you want to discuss your case. I do not charge for the consultation. I would take this kind of a case on a contingency fee. If we don't win, you don't owe me anything.
You can call me at 785-843-4110 or toll free 866-844-4110. I am in Lawrence Kansas, but handle claims all over Kansas. Good luck.
Jim Wisler
Wisler Law Offices
1311 Wakarusa Drive, Suite 2200,
Lawrence, KS 66049
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