It's not easy, but you can sometimes collect personal injury damages beyond the limits of the at-fault party's insurance coverage. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms.
In many (but not all) states, an attorney's fee takes priority over a health care lien. So, if the amount of the personal injury settlement was $100,000, Jim's attorney might be able to take $33,333. The health insurance company might still be able to take $25,000 after that.
It's a fundamental principle of personal injury law that that if a person or business causes harm to someone, that person or business should, at minimum, be liable for paying all medical bills stemming from the injury. So it's no surprise that medical treatment is a common category of damages in a personal injury case.
So it's no surprise that medical treatment is a common category of damages in a personal injury case. But medical bills can raise some interesting questions. What happens if a health insurance company has already paid for the injured person's medical bills?
Any time a government entity is involved in a personal injury case, contact a lawyer immediately. The deadline for filing a notice of claim can be just a few months after your injury.
A child who sustains an injury could have developmental, physical, cognitive, and emotional delays and problems. Even something as minor as a broken bone could result in a permanent impairment.
Multiple parties can complicate a case. The parties can share liability for the claim. The insurance companies for those parties could argue about the level of liability they have for your claim.
There is a deadline for filing personal injury lawsuits in Florida. The statute of limitations sets the deadline. If you miss the deadline, you cannot sue the party responsible for your injury.
The insurance company would also pay other costs associated with the lawsuit, such as filing fees, fees for obtaining transcripts and records, and the cost of hiring any necessary expert witnesses.
Insurance companies have what’s referred to as a “duty to defend” when a policyholder is sued over an incident that is covered by their policy.
This is referred to as a "duty to indemnify.". Once a settlement or court award reaches the dollar limits established in the policy, the insurer's duty to indemnify ends. Additionally, if the insured person took actions that amounted to a breach of their contract with the insurance company, the insurer can refuse to cover the cost of a lawsuit. ...
If you were the one who was injured, and you are making a "first party" claim under your own insurance policy -- after a car accident, for example -- the insurance company will not pay for you to sue the party who was responsible for causing the accident, nor will the insurer sue them on your behalf.
Your insurance company's obligation is to investigate and pay any valid claim that is covered by your policy, up to the dollar limits of your coverage. If you want to make a third-party claim with the other driver's insurance company, and try to negotiate a personal injury settlement with them, you're free to do so.
Updated: Dec 14th, 2018. This question usually comes up after a car accident, or when a slip and fall or dog bite is covered by a homeowners' insurance policy. And the answer usually depends on whether you're the person making the personal injury claim, or the one who (allegedly) caused the claimant's injury.
This means you pay no upfront costs, and your personal injury lawyer is only paid a fee for representing you if you receive funds via settlement or trial verdict.
If you're facing liability and your own insurance company has the opportunity to settle a claim for an amount within the policy limits, but they do not do so, the company might be held liable for the full amount of damages that result from any jury verdict against you.
How Insurance Policy Limits Work. When any kind of liability insurance policy is purchased, there is always a policy limit in place. This refers to the maximum dollar amount the insurance company is responsible for in terms of losses arising from an incident that triggers coverage.
In many cases, if your damages exceed the at-fault party's insurance policy limits, your only recourse will be to collect directly from the defendant. This can be hard to do if the defendant does not have cash or assets to pay you.
Usually, if an insurance company denies a claim or denies coverage altogether, it has a sound reason for doing so. If the plaintiff didn't have a strong case at all and his or her settlement demands were unreasonable, an insurance company's refusal to settle is not going to equal "bad faith.".
But one thing to keep in mind—especially if you decide to file a personal injury claim —is that insurance companies usually only pay out to the policy limits.
Umbrella Policies. In certain instances, even if there is a single defendant, there may be multiple insurance policies in play. Some defendants, especially corporate entities and large businesses, may have an umbrella policy that essentially "goes over" all of the other insurance coverage they have.
Suing Additional Defendants. Sometimes, more than one party can be held legally and financially responsible for an accident. In many such cases, the different defendants may be said to be "jointly and severally" liable for the whole amount of damages.
After deductibles, Jim's health insurance pays for all of his medical treatment stemming from the accident, which totals $25,000.
The health insurance company might still be able to take $25,000 after that. That's why it's so important to understand how medical liens work, and to make sure you find the right personal injury lawyer who can get you the best personal injury settlement.
When a health insurance company issues a lien to recover any money it spent paying for your medical treatment after an accident, you (or your attorney) may be required to pay the lien under a process known as "subrogation.".
Some medical providers may ask you to sign a lien letter, stating that you submit to a lien against any personal injury settlement. Medical provider liens must usually follow a strict statutory protocol in order to be valid.
It's entirely possible to get a medical lien holder to accept less than the amount they paid, and still release you from the lien. Ask your attorney about the prospect of getting the lienholder's claim reduced.
It's a fundamental principle of personal injury law that that if a person or business causes harm to someone, that person or business should, at minimum, be liable for paying all medical bills stemming from the injury. So it's no surprise that medical treatment is a common category of damages in ...
If the government paid for any portion of your medical care after an accident, they usually have a right to get paid back if you later recover money for your injuries from another party, depending on the specific type of government program (Medicare and Medicaid Liens, Veteran's Administration, and so on).
Today, most personal injury cases are due to vehicle accidents of various types, including cars, trucks, motorcycles, buses, and boats. Most often, these accidents occur due to an individual being careless or distracted while driving.
We all want to trust our medical professionals, but sometimes it doesn’t work out this way. Medical malpractice can be a complicated area and often occurs when a health care provider’s services fail to meet an acceptable medical standard of care. As a result, the patient is injured.
Thousands of consumers suffer personal injury every year from faulty or defective products. Because of this, product liability laws are needed to ensure consumers are protected and that manufacturers are held to a higher standard.
We spend a gigantic portion of our lives at work and depend on our employer to provide an efficient and safe working environment. There are even federal guidelines in place to protect workers when they are at their job. However, accidents do occur.
Various injuries fall under the umbrella of personal injury and can lead to the need for a personal injury lawyers. While vehicle accidents, medical malpractice, product liability, and workplace injuries are possibly the most common, not all personal injuries fall neatly within these categories. A few others include:
Cochran, Kroll & Associates, P.C. is here to help you with your personal injury case and help navigate the legal system. As part of our experienced and knowledgeable team, Eileen Kroll has over 30 years of experience serving as a registered nurse and attorney, representing clients in the Greater Detroit area and Michigan.
There is no obligation for a case evaluation & no fee is charged unless a recovery is made.