WHO PAYS FOR MY PERSONAL INJURY CLAIM?
Posted on Monday, August 14th, 2017 at 12:06 am
This is a common question our Sacramento personal injury lawyers answer for clients injured by reckless drivers, negligent property owners, and careless others. You suffer stress, mental anguish, and physical pain because of an accident injury. You also suffer financial losses from medical bills and lost wages. If the accident is not your fault, you deserve compensation for these losses.
What is Fault and Why is it Important?
In California, to receive money for damages caused by a personal injury accident, you must file a claim and prove the person or party was responsible for your accident. For example, if a slip and fall accident causes an injury, you must prove the property owner was somehow negligent for the condition that caused your injury. In a traffic accident, you must prove another driver caused the collision that resulted in your injuries.
If you are unable to prove the other party was responsible for causing the accident, you are unable to recover compensation for your injuries. Our Sacramento accident attorneys can help you prove the other party is at fault by investigating and gathering evidence to satisfy the legal elements required to prove your case.
Once I Prove Fault, Who Pays the Bills?
When you file a personal injury claim, the person who caused the accident is responsible for your damages. However, most people purchase liability insurance to protect themselves in case they cause an accident that injures another person. Types of insurance include:
- Homeowners Insurance
- Motor Vehicle Insurance
- General Liability Insurance
- Retail Business Liability Insurance
- Commercial Property Insurance
- Medical Malpractice Insurance
- Workers’ Compensation Insurance
If you can prove that the party was negligent in causing your accident and is responsible for the damages you sustained because of the accident, the insurance company should pay your damages pursuant to the terms and conditions of the policy.
When the insurance does not cover your damages, you can seek a personal judgment against the at-fault party. However, personal judgments are only good if the person has enough exempt assets or money to pay the judgment.
Dealing with Insurance Companies is Not Easy
Even though you may know the other party is at fault and you have evidence to prove you are entitled to receive money for your medical bills, lost income, and other damages, the insurance company may decide to fight the claim. There are instances where an insurance company will delay or deny a valid claim. An insurance company may choose this option for several reasons, but the goal is the same — to pay nothing or as little as possible for your damages.
Call a Sacramento Accident Attorney Now
The above explanation about who pays your claim is only a summary of a typical case. Each case is unique. The facts and circumstances of your case may involve many more factors and elements. We want to prepare the strongest case based on your facts to give you the chance of a positive outcome.
For this reason, we offer a FREE CONSULTATION so that you can tell us about your accident and your injuries. We want to know what happened to you so that we can fight for full compensation for your damages.
Call The Tiemann Law Firm at (916) 999-9000 or visit our website. Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.