That’s the million dollar question. Isn’t it? It is a question that we are regularly present with. You probably have asked around, or searched the internet, and found people who share with you how much they received for their injury. Unfortunately, what someone else was compensated may not tell you anything about how a Kansas personal injury attorney determines what to seek on your behalf. Here are some things the insurance adjuster and attorney consider:
NUMBER ONE: .
The severity of the injury and the past, present and future each largely impact what your entitled to. The following will be considered:
The amount of insurance carried by the person at fault plays a large part. Depending on the type of accident you were involved in (ex. auto, slip and fall, etc...) determines the Kansas minimums for liability insurance. For instance, in Kansas a motorist must carry at least $25,000/$50,000/$10,000. This limits the coverage to $25,000 for bodily injury per person, $50,000 total maximum per incident, and up to $10,000 for damage to another person's property. Kansas law requires that the amount each party is a fault be determined, and that percentage then tells the claimant how much can be recovered for the accident. If your injuries exceed the amount covered by the insurance you can then bring action against the individual person for the difference between the amount you are entitled to and what the insurance covered.
The location of the accident plays a large role in how much your case will be valued at. That is to say that what the individual counties have awarded, similarly situated, injured people will be considered by the insurance company and something your attorney will research.
Kansas is one of twelve states that uses a modified comparative negligence (proportionate responsibility) test to determine whether or not you can claim damages for the accident. That means, if it is determined that you are 50% or more accountable for the incident you cannot be compensated. Therefore, you need to prove that you are 49% or less at fault in order to get what you deserve for your injury.
These are four of the primary ways the amount you are entitled to is determined. If you, or your loved one, are injured don't hesitate to call Attorney T. Morton 913.602.7288 for a free consultation today.
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