If you are involved in an accident at the fault of another party, then they may be held liable for your injuries or damages. In such case, you may consider making a personal injury claim against the at-fault party to obtain compensation for these damages. Some of the damages may include medical bills, loss of wages, pain and suffering, emotional distress and property damages.
The person or entity responsible for paying compensation typically varies depending on the accident at hand. If you were injured in an accident at the fault of another party, a personal injury lawyer can help you determine the proper party to be named in the lawsuit. The following is a list of a few common personal injury accidents and the party likely to pay compensation in that case.
In most car accidents, the insurance company of the person deemed responsible for the accident will likely settle any personal injury claims.
Slip and Fall Accident
If you sustain an injury from slipping or falling on a property other than your own, then the owner or tenant of that property may be liable. This is the case only if you can prove that negligence, such as an unmarked wet spot or a loose floor board was, was the cause.
If the accident occurred in a private residency, then the home insurance company will usually settle the claim. In a business space, such as a grocery store, either the entity or their insurance company will settle the claim. If the accident occurs in a public space, then the responsible government entity may be liable.
If you are able to prove that a certain food made you sick, then you are able to sue every party at fault. If the poisoning was caused by mishandling of the restaurant, then only the restaurant is held responsible. If the food was already contaminated, then everyone in the chain of distribution can be held liable, and thus, required to pay compensation. In this case, the insurance company of each entity, including the manufacturer, distributor, retailer and wholesaler, will likely settle the claim.
If you sustain an injury as a result of medical malpractice, then the healthcare professional or facility responsible is held liable. If the healthcare professional responsible owns their own practice, then their insurance company will likely pay the compensation. If they work for a hospital, then the hospital may be held liable, and thus, pay the compensation, usually through insurance.
What if the responsible party does not have insurance?
As you may have noticed, the insurance company of the responsible party will usually compensate the plaintiff for their damages in a personal injury case. If the responsible party does not have insurance, however, then they will be required to pay out-of-pocket. If the responsible party does not have the means to pay the necessary compensation, then you may want to reconsider a lawsuit. If they are unable to pay, then the case will end up costing you regardless of whether you win or not. Consult with a personal injury lawyer such as the personal injury lawyer DC locals trust to determine your options in such case.
Thanks to authors at The Law Offices of Frederick J. Brynn P.C. for their insight into Personal Injury law.