$295,000 Total Recovery for Rear-End Collision in Johnson County, Kansas
This case arose from a rear-end crash that occurred in May 2021, in Johnson County, Kansas. Our client was driving with her three-year-old daughter as a passenger when they were struck from behind by another driver.
As a result of the collision, our client sustained injuries including neck pain, low back pain, sciatic pain, and right arm and elbow issues, requiring medical evaluation and physical therapy. Her minor daughter also received medical treatment and therapy following the crash, with treatment concluding later in 2021.
As the statute of limitations approached, Foster Wallace filed suit in the District Court of Johnson County, Kansas, to protect our clients’ rights. Foster Wallace secured the full $100,000 bodily-injury policy limits from the at-fault driver’s liability carrier for our client’s injuries. Importantly, the settlement and release were carefully negotiated to preserve our client’s right to pursue an underinsured motorist (UIM) claim under her own insurance policy. The UIM carrier then consented to the liability settlement without exercising any subrogation rights.
Following the liability resolution, the UIM claim proceeded and ultimately settled at mediation for an additional $195,000.
In total, Foster Wallace secured a $295,000 recovery for our client. This result ensured that she received the maximum available recovery from the liability policy while holding her own insurer accountable under her UIM coverage. Our client was absolutely thrilled with the result.