IL Kmart slip&fall settlement...need more opinions,pleeeease!!

[JPolly]

Hi,

I'm sorry to be a pest...the thing is, I have this settlement check in my hands, and lots of outstanding bills...and my lawyer won't return my calls. I need to know what's fair. Here is my original post:

Last December, I took a flying fall over a misplaced pallet in an Illinois Kmart store. I hurt my R. back, my knees, and my hands. I saw my doctor 3 or 4 times, had x-rays (nothing broken), and prescription med. I had pain in my back for several months, and I still have a weakness there. My med. bills totaled $800.00.

I have been trying to negotiate a settlement with the insurance adjuster for Kmart. They have offered me, and in fact, have sent a check to settle for $1800.00. The adjuster said that amount was "fair market value". Is it?? Is there a fair market value for this? I do not wish to bilk the ins. co. for more than what is fair...but I do want to be certain this amount is indeed fair, before I cash the check.

I would sincerely appreciate any advice! (And of course, good karma will be yours for your kindness in helping!)

- JPolly

So, that's it...I would TRULY appreciate more views on this. Although I have a weakness in my back, I forsee that getting stronger over time - I probably won't incur any more med bills. In one of the other posts (somewhere on this board, about a Wal-Mart accident), advice was given saying that these companies usually aggressively defend themselves in court, and it's hard to win against them...so I am wondering if I should just take what I have been offered (letter from ins. co. says if I don't, they will be unable to settle my claim).

Whew! Sorry so long-winded!

I look forward to your help.

Thank you!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by JPolly:
Hi,

I'm sorry to be a pest...the thing is, I have this settlement check in my hands, and lots of outstanding bills...and my lawyer won't return my calls. I need to know what's fair. Here is my original post:

Last December, I took a flying fall over a misplaced pallet in an Illinois Kmart store. I hurt my R. back, my knees, and my hands. I saw my doctor 3 or 4 times, had x-rays (nothing broken), and prescription med. I had pain in my back for several months, and I still have a weakness there. My med. bills totaled $800.00.

I have been trying to negotiate a settlement with the insurance adjuster for Kmart. They have offered me, and in fact, have sent a check to settle for $1800.00. The adjuster said that amount was "fair market value". Is it?? Is there a fair market value for this? I do not wish to bilk the ins. co. for more than what is fair...but I do want to be certain this amount is indeed fair, before I cash the check.

I would sincerely appreciate any advice! (And of course, good karma will be yours for your kindness in helping!)

- JPolly

So, that's it...I would TRULY appreciate more views on this. Although I have a weakness in my back, I forsee that getting stronger over time - I probably won't incur any more med bills. In one of the other posts (somewhere on this board, about a Wal-Mart accident), advice was given saying that these companies usually aggressively defend themselves in court, and it's hard to win against them...so I am wondering if I should just take what I have been offered (letter from ins. co. says if I don't, they will be unable to settle my claim).

Whew! Sorry so long-winded!

I look forward to your help.

Thank you!

<HR></BLOCKQUOTE>

My response:

Who's names are on the check - yours alone, or yours and the attorney?

Did you sign an Attorney/Client Retainer Agreement?

Was your attorney involved in the claim? If so, to what extent?

Does your attorney know about the check?

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[JPolly]

Hi - thanks

Mine and my husband's names are on the check. The $800 is inclusive of all bills. My lawyer is not involved, though I did call him to ask what would be fair out-of-court. Not sure I understood his response, but I think he said if we sued, I'd get about triple my bills ($2400.00) so a third would end up going to pay bills, a third going to him, and a third to me.

SO...if I accept this offer, aren't I ahead? I am sitting here with this check, and I need the money badly (like yesterday).

Still in a quandry...

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by JPolly:
Hi - thanks

Mine and my husband's names are on the check. The $800 is inclusive of all bills. My lawyer is not involved, though I did call him to ask what would be fair out-of-court. Not sure I understood his response, but I think he said if we sued, I'd get about triple my bills ($2400.00) so a third would end up going to pay bills, a third going to him, and a third to me.

SO...if I accept this offer, aren't I ahead? I am sitting here with this check, and I need the money badly (like yesterday).

Still in a quandry...

<HR></BLOCKQUOTE>

My response:

Then, go ahead and cash it. Just remember what HomeGuru told you about the possibility of future medicals. Once you cash the check, and sign the Release of All Claims form, it's over - - forever. In other words, if you need future medical treatments, don't even think about asking for more money from the store.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[JPolly]

Thanks HomeGuru, and thanks IAAL.

I have listened to your advice, and I truly appreciate it. I've done a lot of thinking about the whole situation, and I think the best thing to do is to cash the check, and get on with it. I think my back will get the strength back. I don't forsee needing any more treatment.

I'm still not clear on if the amount is appropriate for the circumstances (I asked if there was such a thing as a fair market value for a claim). I would feel better if I thought (knew) that it was a decent amount. If anyone cares to comment further on that...that would be great.

Thanks for trying to help...you have. I don't know what motivates you to take the time to help in this capacity, but may all your kindness come back to you. You are cool people.

(THIS POST WAS REPEATED IN MY ORIGINAL THREAD ON THIS TOPIC)