WHAT TYPES OF INSURANCE CAN BE PERTINENT IN A PERSONAL INJURY CASE?
- July 26, 2016
The types of insurance coverage available in any personal injury claim is dependent on the type of claim being pursued. Auto accident law and premises liability claims have the same standard rules for establishing the claim, but the material case factors can matter greatly based on certain personal injury claim requirements. Many times there is no insurance available in a personal injury claim when the negligent respondent is uninsured or the plaintiff legal counsel can prove beyond a preponderance of the evidence that the summoned respondent is actually responsible for the injury due to direct or indirect negligence. Work injuries can also be complicated issues when attempting to recovery damages because workers compensation insurance laws apply to the workplace and are intended to protect employers as well as injured workers. The avenues of financial recovery for a workplace injury can easily be limited and very often are defended vigorously by the workers compensation insurance provider.
Premises Liability Claims
Premises liability injury claims are similar to auto accident injury claims in that the plaintiff legal representative must prove that an injury occurred to their client, and that the injury is the result of a failure on the part of the respondent to provide a reasonable duty of care toward the injured plaintiff. Injuries suffered on the private property of an individual will usually mean that only the property owner’s insurance protection will apply. In the event that they do have property liability insurance, any balances left after insurance maximums are applied will need to be addressed in a separate lawsuit against the property owner, which could result in their personal assets being attached. Premises liability cases stemming from an injury in a public place or business can often mean there are multiple negligent respondents, as the business operator and the property owner can both be found negligent. In most commercial premises lawsuits, multiple respondent litigants means multiple premises liability insurance policy coverage. Always remember that one of the basic components of any premises liability claim will also include the comparative negligence of the injured plaintiff based on a reasonable assumption of personal risk involving all material case factors.
Auto Accident Insurance
Auto accidents can be much more complicated than premises liability claims because many times there are multiple negligent parties involved. Car crashes regularly include several motorists, especially when commercial vehicles are involved, and product liability claims may also be available when a defective auto part malfunctions while a vehicle is in transit at a high rate of speed. And, many times these accidents occur in congested traffic, which is very common in California where multi-lane highways are everywhere. All parties to an auto accident are assessed for comparative negligence with each driver being assessed a percentage of comparative fault. These percentages are used to discount the available damages for personal injury, and individuals who are assessed at 100% can receive no damage recovery regardless of insurance protection. Those found fully at fault can also be sued for punitive damages in an egregious case of gross negligence on the roadways, but many times their personal insurance coverage is not applicable. However, accidents involving commercial vehicles can mean several insurance policies can be attached when both the driver and the transportation company or employer are also found negligent in the accident.
Workers Compensation Insurance
Workers compensation insurance coverage is potentially the most restrictive form of insurance protection available when an injury occurs because both the employer and the insurance provider can contest the claim. Employers are supposed to file work injury claims promptly, but many companies have safety investigation protocol that can result in internally falsified documentation. Those documents are officially company property, but can be used in defending a workplace accident. In addition, many workplace injuries do not manifest until well after the fact, such as back strain injuries, and injured workers are often denied insurance coverage when the employer or insurance company can make any kind of a documented claim defending the case.
Personal injuries that are heavily contested can always result in minimal insurance settlement when the negligent respondents and insurance providers can find any technicality to deny a claim or request a full case dismissal. That is why it is always essential to have an experienced and effective personal injury attorney handling your case to ensure all of your legal rights to recovery are respected.