State Farm Insurance Company’s failure to accept a policy-limit settlement demand after its insured struck a pedestrian in a city crosswalk resulted in a recent settlement of $485,000 for a Kuhlman & Lucas client.  Attorneys Chad Lucas and Matt Wengert represented the client and negotiated the settlement prior to trial.

On December 3, 2015, our client was struck by an SUV while crossing the street in a crosswalk in downtown Wichita, Kansas.  As a result of the collision, our client sustained a left subdural hematoma (brain bleed), rib fractures and a tibial plateau fracture of the left knee, necessitating surgery and the placement of hardware.  The seriousness of the injuries resulted in a stay of over a month at a local hospital/rehabilitation facility.

Despite both the defendant and State Farm denying liability for the collision, Kuhlman & Lucas attorneys uncovered a recording of the defendant admitting she struck our client while in the crosswalk.  State Farm was provided with a copy of the recording and still denied liability for the accident, forcing Kuhlman & Lucas to file a lawsuit against the defendant.

During the lawsuit, Kuhlman & Lucas attorneys proposed resolving the lawsuit against the defendant by agreement, with the defendant admitting fault and agreeing to let the court determine damages at an evidentiary hearing.  This type of agreement is permitted in Kansas pursuant to the holding in Glenn v. Fleming, 247 Kan. 296, 799 P.2d 79 (Kan. 1990).  As an additional part of the agreement, the defendant would also assign her rights to any negligence/bad faith claims against State Farm to our client.  In exchange, our client would agree not to execute on the judgment against the defendant beyond the insurance policy limits of $100,000.

Prior to the defendant entering the agreement, State Farm retained its own counsel in an attempt to settle the lawsuit without Kuhlman & Lucas taking a judgment against its insured and filing a subsequent “bad faith” lawsuit.  After nearly a week of negotiations, State Farm agreed to pay our client $485,000, well in excess of the insurance policy limits.  This successful result is clear evidence that Kansas law requires insurance companies to protect the interests of its policy holders and that insurers are required to conduct full and complete investigations of claims against its insureds.

If you have questions about bad faith law or have been injured by the negligence of another, contact the attorneys at Kuhlman & Lucas to discuss your potential claim.

Over $75 Million Dollars in Verdicts and Settlements for Our Clients

Automotive Product Liability

Cars and their components must be designed and manufactured to be reasonably safe. Despite the progress made in auto safety over the years, defects still occur frequently and the manufacturers must be held responsible for the severe consequences of those defects. At Kuhlman & Lucas, LLC, we have extensive experience in handling various auto defect cases, including seat belt defects, airbag defects, tire defects, vehicle fires and more.


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Personal Injury / Wrongful Death

If you or a loved one has been severely injured or killed as a result of the negligence of another party or a defective product, you have the right to be justly and fairly compensated for your damages, including pain, suffering and/or emotional distress. The financial burdens of a traumatic personal injury or wrongful death can be heavy, with costly medical expenses, lost wages, loss of earning capacity or funeral costs that may put you on the brink of bankruptcy. Trust the experienced personal injury attorneys at Kuhlman & Lucas, LLC to fight for the justice you deserve.


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Drugs and Medical Devices

Prescription drug and device manufacturers are supposed to spend the appropriate amount of time and money determining the safety and effects of what they produce for the market. However, the multi-billion dollar pharmaceutical industry has extensive resources and a strong incentive to protect its bottom line, and is sometimes willing to put the public at risk. The Kuhlman & Lucas, LLC team has the experience and resources necessary to investigate and prove a client\'s claims.


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Commercial and Corporate Litigation

The Kuhlman & Lucas, LLC team has extensive experience in pursuing large corporations whose negligence has led to preventable, severe injuries and even deaths. These commercial and corporate cases have been litigated in state and federal courts across the United States and the firm has represented people who have been severely injured themselves or have lost a loved one due to the wrongful actions of others. Kuhlman & Lucas has taken on many multi-national corporations aggressively and without fear of failure, and is prepared to handle any case.


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