Slip & fall in Illinois Kmart...is this settlement fair?

[JPolly]

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

 

[HomeGuru]

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

Good golly JPolly don't fall for the blue light special settlement just yet. Your medical bills seem rather low. Did your own medical insurance cover most of the expenses or is the $800 the total amount? Before you settle you must be sure that the settlement money will cover any and all future medical expenses. What if your back weakness continues for another year requiring further treatments and prescription meds? Before settlement, you should at least consult with a personal injury attorney. Initial consultation should be free.

 

[HomeGuru]

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

HomeGuru response:

Good golly J Polly you sure had a fall.
Good golly J Polly you're backed against the wall.
If you wanna rock and roll, you gotta give another call.

I am the writer that responded to the Walmart post you made reference to in your subsequent post and also the only one that responded to your first post here. Have you given serious thought to my response?

[This message has been edited by HomeGuru (edited September 08, 2000).]

 

[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 WILL REPEAT IN MY THREAD ASKING FOR MORE ADVICE)

 

[TxBlu]

Just a word about Kmart and having been screwed by them myself as an employee in a slip and fall accident, my advice would be to have a CT or MRI done on your back to see if you have herniated any disks, this will not show up on normal xrays and has a tendency to not cause any problems or pain for periods of time to only be reaggravated at a later date and then you are stuck without any recourse... Please take that extra step to request these procedures, or you may end up like me with a lifelong disability and at age 35 am living on pain pills fighting their insurers for my treatment.
Good Luck...