Where Does Personal Injury Compensation Originate?

Victims of car accidents deserve to be paid for their losses. If you have been hurt by a careless driver, you might just assume that a successful lawsuit will result in thousands of dollars in compensation. Unfortunately, the amount of money you end up getting if you win the case is determined by several factors and one of the most important is the ability of the at-fault driver to pay you. Read on to find out where the money comes from to pay you when you win a case.

The Insurance Solution

In most cases, drivers have automobile insurance. Accident policies vary in the coverage limits, however. For example, some auto insurance policies cover lost wages and some do not. If the other driver has hit you and they are at fault, you might expect the insurance to pay you for your losses no matter what the policy says. Unfortunately, unless you take legal action against the driver (and their insurance carrier) you are not likely to be successful.

Insurance Settlements

Taking legal action may not necessarily mean actually taking the other side to court. If you are being denied payment on any aspect of your claim, speak to a personal injury attorney. For example, most auto insurance policies will pay your reasonable medical expenses but not for what they consider above and beyond the policy coverage. If you had to be airlifted to a trauma center after the accident, the bill can be as much as $50,000 or more. Some insurers will insist on challenging that claim, leaving you with a devastating medical bill to pay. By seeking an attorney's help, you can get support to push your unpaid losses thorough and get them paid. This is known as a settlement and can include not only unpaid damages but pain and suffering as well.

Take Them to Court

If your efforts to settle are unsuccessful, you may have to file a lawsuit against the driver. In some cases, where insurance is nonexistent or insufficient, the driver themselves can be made to pay. The driver can be forced to hand over bank accounts, real estate, and future earnings to you. Wage garnishment can be placed on their pay and their assets can become your assets. If they own property, a business, receive a tax refund, have investments, own stocks and bonds, etc, the property can be seized and turned over to you.

To learn more about where the compensation you need and deserve might come from, speak to an auto accident attorney.


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