Can I Get Financial Compensation In A Personal Injury Claim?
A personal injury happens when one party causes physical or emotional harm to an individual. Personal injuries include both intentional and unintentional harm. If someone causes harm to another person on purpose, it is an intentional tort. Assault and battery are common examples of intentional torts. Some examples of common causes of personal injuries are:
- Dog bites
- Auto accidents
- Medical malpractice
- Dangerous products
- Slips or falls
- Libel or slander
- Workplace accidents
- Sexual abuse
Who Is Responsible?
One of the most important parts of getting compensation for a personal injury claim is identifying the liable party. In many cases, the at-fault party is easy to identify. For example, imagine that a car causes a serious accident because of a manufacturing defect. If a recall is soon issued after other people have the same problem, liability is easier to pinpoint. It may be more difficult in some cases.
If a person has a risky surgery and suffers injuries afterward, it may be difficult to determine whether the injuries could have been prevented. However, attorneys work with skilled medical professionals who analyze every part of the surgery to study what your medical provider may have done wrong. They can also arrange for experts to give their feedback based on the facts. If there is a dog bite, the dog owner may beliable if the dog had bitten other individuals before. If a person slips on an unmarked wet floor in a grocery store, the store owner or corporation may be liable. These are just a few examples, and there are many other possibilities.
Who Pays The Compensation?
The liable party is legally responsible for paying damages. An insurance company usually pays the award since most personal injury incidents are related to some type of insurance. For example, the at-fault driver’s insurance company typically pays first if the insured individual causes an accident that harms someone. However, the insurance company will only pay up to the policy’s limit. After that, the injured person may need to turn to their uninsured and underinsured motorist coverage on their automobile insurance policy orto the liable individual’s personal assets.
If a homeowner’s dog bites someone on the property, the home insurance policy usually pays first. If a person sues a surgeon for a botched surgery, the doctor’s malpractice insurance policy usually pays first. When personal injuries are catastrophic and insurance limits are not sufficient to pay for all costs, your attorneys will investigate the liable party’s assets. Personal or company assets may be used in some cases to satisfy a court’s award decision.
How Much Is Personal Injury Compensation?
In many instances, compensation is limited to the extent of the person’s injuries or to the maximum of the at-fault party’s insurance policy. If the liable party does not have insurance but has limited assets, it may be difficult to recover an adequate sum. With most cases that involve an insurance company, the insurer offers to pay a settlement. The attorneys for both parties may negotiate the settlement out of court. However, many cases go to court.
Compensation is often larger if the the victim’s injuries are extensive and the at-fault party has a bigger insurance policy . In some cases that involve a permanent partial disability, victims may receive money for immediate living expenses, long-term medical expenses, and education for a new career. Only an attorney can provide an accurate estimate for an award after investigating and learning the details of a case.
If you were injured by another person or entity, you may be eligible for compensation. Since the law places time limits on bringing claims for compensation, it is important to speak to an attorney quickly. A personal injury attorney provides a free consultation, which involves you sharing the details of your injury. If you have a case, the attorney investigates the other party’s insurance coverage, assets, and the details of the incident that led to your injuries. After that, the attorney will seek maximum compensation for your injuries.