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Why Should I Settle My Personal injury Claim?


If an insurance company is unwilling to pay the true value of the claim, then it might not be in the client’s best interest to settle. In those cases, it is sometimes best to go to trial rather than accept a very low offer or other conditions of settlement, such as the unwillingness of lien holders to reduce their lien. For example, sometimes you get an offer that’s a reasonable sum of money, but there are liens attached to the case that need to be paid back. Those liens could reduce or completely eliminate the total settlement amount. Sometimes you have to litigate the claim to have the court decide the value of those liens, even though the settlement offer could be reasonable. You may want to settle your claim when the dollar sum is reasonable and the terms of the settlement involving the liens and any other issues that are relevant to your particular file will not get better through a trial. You really need to pay attention to the advice of a knowledgeable personal injury lawyer in order to make this decision.

Is There A Minimum Personal Injury Settlement Amount?

There is no true minimum for a personal injury settlement amount; the settlement amounts are dictated by the quality of the case. If the facts of your case are difficult in terms of it being unclear who caused the accident, what injuries were caused by the accident, or whether or not you have an extensive negative background (such as a prior injury or prior incarceration that may be admissible in the case), then you may want to settle for a minimal dollar amount. With that said, there is no minimum settlement amount under Kansas law. Settlement amounts are determined by what the parties can agree to, and those amounts can be small or large. There really aren’t any minimum parameters or limitations in personal injury cases in Kansas.

Does Having A Severe Injury Ensure A Larger Settlement?

The severity of an injury doesn’t necessarily ensure a larger settlement amount unless you have good documentation regarding the severity of the injury, as well as clear medical records as to the steps that need to be taken in order to fix the problem that was caused by the accident. Many people see horrendous automobile accidents with significant initial injuries, but if the individual then makes a speedy and complete recovery, the value of their claim may not be very high. This is true unless an attorney can document the future impact of the severe injury on the individual’s life and prove that the value of the case is significantly greater than just a nominal sum of money.

The severity of an injury is also a little bit misleading in that someone could have grotesque cuts and lacerations that heal nicely and are hidden from the view of the public, while another person could have sustained a cut across their face that never required a lot of medical attention, but that left an obvious scar. So, the value of a settlement really depends upon the quality of the medical care and how the injury impacted the individual’s ability to enjoy life.

Will My Future Medical Costs Be Taken Into Account In A Personal Injury Settlement?

Future medical care will only be taken into account if your lawyer gets the proper documentation from the proper sources outlining the nature of the future medical care and its costs. Sometimes that only requires that a doctor write a letter outlining the nature of the treatment that will be needed in the future. Other times, an attorney needs to hire a rather expensive life care planner to document all of the future medical needs and costs that an injured victim may have. That life care planner will then make the necessary calls to all of the different types of healthcare providers to help determine the future costs.

If you have a need for future medical care that is specifically outlined by your doctor, and if that medical care is something that is likely to change over time due to the severity of the injury, then you’re probably going to need to get a life care planner involved. This is especially true if the type of future medical care is likely to be expensive and very involved, which might be the case with injuries resulting in paraplegia, quadriplegia, or permanent damage to organs.

For more information on Settling A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (316) 854-4601 today.

 Law Office of Riedmiller, Andersen and Scott LLC

Get your questions answered - Call for a no obligation, free consultation (316) 854-4601.

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