Our client’s husband was traveling on a motorcycle at high speed when a commercial truck pulled out in front of him. The collision caused our client’s husband to hit his head and become unconscious. He then received injuries to his chest, lungs, and ribs, resulting in death.
The state of Kansas does not allow a party to collect compensation if the injured party’s negligence is 50% or more. Our client was likely traveling over 60mph just before the crash. It is likely that a jury would put more than 50% of the fault on him.
Since there was no initial offer from the insurance company for the wrongful death claim, we decided to take this case to mediation. We successfully filed a motion with the court to file a claim of conscious pain and suffering for our client. After 2 mediation sessions, we were able to secure an $800,000 settlement for our client.
