As the injured party, the answer is absolutely. However, the defendant’s insurance carrier very well could have a different point of view. That may not seem fair or equitable, but, once again, insurance carriers do not exist to be fair; they exist to make money. And paying out financial compensation to injured parties is not their desired path to profits.
Fortunately, the final decision of whether you are entitled to compensation is not up to the insurance carrier – that decision is up to the courts, and it is my responsibility as a personal injury attorney, to make your case which generally involves some kind of compromise. Compromises usually mean that neither side gets everything what they want, but the goal is to make sure you get more than the insurance carrier tells me they are willing to pay.
A Long, Slow Slog
Along with understanding that any settlement will be a compromise, you also need to be prepared for a very long wait. Regardless of how clear cut your case is, and regardless of whether the insurance carrier knows they will settle, their mantra always is to slow things down. The longer it takes to resolve a case, the more money they save. As a plaintiff’s attorney, I have to appear as patient as possible, otherwise the insurance carrier has the edge in any negotiation.
I tell all of my clients to not expect the insurance carrier to compensate them for the full value of the policy unless the defendant’s fault is absolute and your injuries are severe and absolutely proven to be a result of negligence. That almost never happens. Rather, event though you were the victim of negligence, you and your actions during the accident as well as the resulting injuries you suffer will be endlessly pored over, analyzed and questioned. The insurance carrier will try to assign at least blame to you, and that infuriates all of my clients.
What I Need To Know
To help insure I can get the best possible result for you, I will need all diagnostic tests; evidence that you sought medical care immediately following the accident; all medical reports including surgical reports; and confirmation of injury from your treating doctors. I also will need to know what your functional limitations are; whether you can return to work; how much work you have missed (and missing income); whether you have any pre-existing conditions; whether you’ve been involved in a personal injury lawsuit before; and whether your injuries have caused you permanent damage.
However, the amount of compensation you receive also depends upon the amount of insurance coverage the negligent party has. If the other party is only covered for $100,000, your compensation cannot exceed that amount.
