What are the typical issues that I will face in making a claim for my injuries?
A claim made against another driver or vehicle owner is called a tort claim. It is usually based upon the concept of carelessness or negligence although it can also be based upon an intentional or reckless act.
Lawyers know that the three categories of issues that typically arise in a tort claim after an automobile accident are the following:
- Liability
- Damages
- Insurance Coverage
Liability refers to the question of who is at fault and to what degree. This is a very important question or, more commonly, a series of questions. Did the other driver exceed the speed limit? Did you fail to stop at a stop sign? Were the brakes on the truck properly maintained? These are the kinds of questions that must be answered by solid proof. The insurance company defending your claim obviously wants to minimize or eliminate the fault of its driver and to maximize your fault.
Damages refers to the injuries or losses that were caused by the accident. You are only entitled to be compensated for those injuries and losses that were the result of the accident. This is where the detailed records and, if necessary, the testimony of your treating doctors become important. It is also the responsibility of your attorney to document the ways in which you and your family have been impacted, in the past and in the future, by your injuries.
Insurance coverage is frequently not as simple a determination as might be expected. Often there are disputes over which of several coverages is first in line. There are also efforts by the insurance company to deny or defeat coverage. And, where uninsured or underinsured motorist coverage (UM) is involved there are multiple issues that must be resolved to assure maximum financial recovery. The entire area of insurance coverage is virtually a minefield that is best not entered without a competent attorney.
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Personal Injury Lawyer
