Who Pays in a Personal Injury Claim?

If you file a personal injury claim, you may be able to recover damages for physical and emotional harm caused during an accident. But some people hesitate to file because they don't want to hurt the other party. Although they might want compensation, they don't want the other party to lose everything.  Unfortunately, this is a mistake. In most cases, the negligent party is not the one who has to pay.

If It's Not the Negligent Party, Who Pays?

You're probably wondering who will be responsible for making the payments in your personal injury claim. After all, the money needs to come from somewhere.

Typically, the insurance company is responsible for paying the compensation. There are rare cases in which the plaintiff needs to pay, but this is unusual. Most personal injury cases involve insurance companies.

Examples of Insurance Claims and Personal Injury

Consider the most common types of personal injury accidents. In 2914, there were 1193 people killed or injured in car accidents in Orange County. For car accident claims, the at-fault driver's insurance company is responsible for paying any claims. The only exception is for uninsured drivers. However, with mandated insurance minimums in all 50 states, it's more likely that your accident will be with an insured driver than an uninsured one. Today, many drivers also carry uninsured motorist protection.

Another common type of personal injury claim is a slip and fall accident. Typically, slip and falls occur in businesses or in homes. In most cases, the premises are insured by a major insurance company.

Medical malpractice falls under the umbrella of personal injury and also involves insurance. If a doctor is a legitimate medical professional, they are insured. A medical malpractice claim will be taken up with the insurance company, and not the doctor.

Why Does It Matter?

If you have a personal injury claim and there is no insurance company involved, you could have a difficult journey to compensation. Unless the negligent party has millions of dollars, a personal injury claim may not result in a significant payout.

This is because the defendant only has so much money. The court is unable to make them pay more than they own. Although they might place a lien on the defendant's property, that lien doesn't do you any good until they sell their property. This could leave you without compensation for years.

For many victims of personal injury accidents, waiting for compensation isn't an option. If you have significant injuries, you probably have piles of medical bills. An inability to work only makes your financial issues worse. Without a civil lawsuit, you will be left in financial ruin.

How Much Money Will You Receive?

The amount of money you receive for your claim depends on several factors. As mentioned above, a claim involving an insurance company will probably have a higher value than one against an individual.

Typically, the severity of your injuries also impacts your claim's value. Permanent injuries will have higher payouts than temporary ones. However, you can still receive money for a minor injury. Your settlement should give you money for your medical bills, pain and suffering, missed wages, and more.

Whether or not you think an insurance company will be responsible for paying your damages, you should speak with an aggressive personal injury lawyer. When you work with lawyer Timothy J. Ryan, you can find out whether or not you have a case. You'll also learn about your chances of a successful outcome. To get started, call us today. 

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