by Charlie Smith | Sep 22, 2017 | Blog, Personal Injury, Personal Injury Lawyer |
While home insurance policies will cover some personal injury claims, they don’t cover everything. Furthermore, the coverage that they do provide for personal injuries is limited to a certain amount, such as $100,000. Typically, a home insurance policy would kick in to pay for the personal injuries of another for which a member of that household was legally liable. The injury doesn’t necessarily have to occur on the property to be covered either. The existence of a homeowner’s insurance policy can affect a personal injury claim on both ends, whether you’re the plaintiff (the injured party) or the defendant. Understanding Home Insurance Liability Protection Home insurance liability coverage usually has two components: personal liability and medical payments. The personal liability portion pays for claims or lawsuits that are against you, and that stem from accidents (that you or a member of your household caused) on or away from your property, causing bodily injury to others. Personal liability will also cover property damage from such accidents. Liability coverage will pay for legal representation for you if you are sued by the injured party. Keep in mind, though, that this coverage does not apply to injuries caused by intentional acts, auto-related accidents, or business-related incidents. Depending on your policy, personal liability will typically provide at least $100,000 of coverage per incident. With most policies, no deductible is associated with personal liability claims. Medical payments coverage will cover the medical expenses of parties accidentally injured on the covered property, no matter whose fault it is, up to the policy limit. However, medical payments coverage does not pay for personal injuries to members of the household, nor...
by Charlie Smith | Sep 8, 2017 | Automobile Accident, Blog, Personal Injury, Personal Injury Lawyer |
When a personal injury claim is related to an auto accident, car insurance is typically the first line of defense for both injured parties and those legally responsible for the injuries. In most cases, the injured party is able to recover for their injuries simply by filing a claim against the responsible party through the responsible party’s auto insurer. Assuming the responsible party’s insurer pays out and the policy offers enough coverage to pay the claim in full, the process can stop there. Injured parties may also have the option of making a claim for their injuries with their own insurer depending on the coverage they carry. Either way, throwing car insurance into the mix of a personal injury claim can substantially affect the process and outcome of the claim. Understanding Car Liability Coverage Liability coverage is the portion of your policy that pays for other’s injuries in an auto accident that you cause. Liability coverage has several different aspects to it, including property damage you cause to the other party in an at-fault accident. However, the portions relevant to personal injury claims are bodily injury liability limit per person injured, and bodily injury liability limit per accident. Bodily injury per person injured sets a maximum benefit for each party who is injured in an accident you cause, up to the limit of your policy. Bodily injury per accident sets a limit for what the insurer will pay for all the injuries associated with one accident. Where you might run into trouble as a plaintiff or as the responsible party is if your per-person or per-accident limits fail to cover the total...
by Charlie Smith | Aug 24, 2017 | Blog, Evidence, Tips |
You already know that your social media profile can affect whether or not you get a job interview and how you appear to friends and family. But if you’re suing for personal injury, your social media profile could get in the way. Any post, no matter how benign it seems, might undermine a personal injury case in very damaging ways. If your profile isn’t private already, log in and make it so now. Social Media Profiles Can Show You’re Healthy If you’re filing a personal injury case after something like a car accident, part of your case is going to be physical trauma your body suffered. You might have mobility issues, broken bones, or other problems that impede your ability to go about life easily. However, sometimes social media pictures make you look healthy or able-bodied. Whether or not the pictures truly show the reality of your situation doesn’t matter. If the judge sees the pictures and feels you’re physically well, your case might get thrown out. That happened to a woman named Fotini Kourtesis, whose social media pictures disproved her personal injury claim. Your Emotional State Might Come Into Play Personal injury cases also often cover mental distress that comes as a result of an accident. You might be suffering from depression, anxiety, or PTSD because of something that happened to you. Things get tricky with social media because someone snapping a photo of a rare smile, or even posting well wishes on your page, could undermine a depression claim. You need good lawyers to help you advise how to deal with your social media profile because they’ll...
by Charlie Smith | Aug 8, 2017 | Blog, Personal Injury, Settlements |
Personal injury cases are no joke. Some people who survive these injuries never regain the quality of life they had before, and many people don’t survive long enough to see a settlement. If money is indicative of wrongdoing, then the damages these plaintiffs earned on personal injury cases show just how difficult their lives became. Though money can’t right the wrongs of a personal injury case, at least the legal system did not fail these plaintiffs. $150 Billion: Robbie Middleton In an astoundingly large personal injury settlement, a Texas jury gave $150 billion to the family of a boy who was badly burned. Robert Middleton, known by the nickname Robbie, was sexually assaulted, then burned by the same person a few weeks later. This happened in 1998, when Robbie was just 8 years old. Twelve years later, after extensive skin treatments because of the third-degree burns over his body, Robbie Middleton died from skin cancer. His family pursued justice, partly to get the county to admit that Robbie was sexually assaulted and to charge the assailant. $4.9 Billion: The Anderson Family In 1993, a Chevy Malibu exploded after being rear-ended. Two adults and four children were in the car when it started to burn. Though the adults escaped, the children were badly injured. One was burned over 70 percent of her body. The family sued GM, and though the award amount was reduced, they walked away with billions. At the time this case was settled in 1999, it was the biggest personal injury award in the country that year. The case lasted for years, though, with initial filing starting...
by Charlie Smith | Jul 18, 2017 | Blog, Settlements |
Personal injury cases are typically settled with either a lump sum payment or a structured settlement. If you’re owed a significant sum of money, it’s important to understand how these options work. There are pros and cons to each approach. The specifics of your case will help you determine which type of settlement fits your needs best. How Lump Sum Settlements Work A lump sum settlement is the fastest and simplest way to deal with your money. You will receive your total settlement in one payment. After you cash the check, your case is over, and there’s no continued access or interaction with the defendant. This is usually the best option for small-to-medium amounts. For settlements that are less than $150,000, a lump sum payment is the most common choice. How Structured Settlements Work Structured settlements are paid out in a series of smaller payments distributed over time. There are many ways to structure these types of settlements. You will usually get a larger sum in the beginning, followed by smaller amounts paid out monthly, bi-monthly, bi-annually, or annually. However, you can choose to begin with smaller payments that grow gradually or structure the settlement with a brief period of large payments to coincide with a child going to college or another major life event. You will also decide whether payments will continue after your death and go to your heirs for a specified period. The details of these payments are determined when you settle the case. You cannot change your payments later, so it’s crucial that you think through how and when you will use the money so you...