Recovery from Insurance Companies

Role of Insurance in Personal Injury Claims

Liability insurance exists to provide the policyholder with protection in the event that he or she is sued. Whether the insured is an individual or a corporation, the purpose of having liability insurance is to avoid the significant financial losses that one might suffer upon losing a lawsuit.

By paying a relatively small amount every month in premiums, the policyholder is able to enjoy the peace of mind and confidence that come with knowing that he or she is reasonably secure against the threat of litigation.

How Insurers Cover Accident Claims

If you have been injured or have lost a loved one in a serious accident and are now contemplating taking legal action to recover financial compensation, your personal injury or wrongful death claim will most likely be against the insurance policy of the party who is at fault for causing the accident.

In other words, you will not be taking legal action only against the person who is responsible for your accident and the losses you have sustained as a result. For example, if you suffered whiplash in a car accident caused by Mr. Smith, you will initially file suit against Mr. Smith as the person who is liable for causing your injury.

Provided that Mr. Smith has car insurance, however, your lawyer will almost certainly end up dealing with the insurance company in pursuit of your claim. This is true in the vast majority of accident claims, whether it is auto insurance for a motor vehicle accident, homeowner's insurance for a premises liability claim involving a slip and fall, or a claim against a doctor's medical malpractice insurance.

The liability insurance provider has a duty to defend the policyholder against legal action, as well as to pay the judgment in the event that the defendant loses the lawsuit. While not a liability policy, similar principles apply in the case of workers' compensation insurance. In these cases, the employer's insurance provider steps in to pay medical and wage benefits. Workers' compensation releases the employer from the possibility that their injured employee could sue them.

Level the Playing Field with Our Team of Lawyers

Insurance is a multi-billion-dollar industry, and liability insurers have vast resources at their disposal for defending against claims such as yours. Individuals who attempt to settle accident claims on their own end up being steamrolled by the insurance companies in most cases.

For example, the claims adjuster may come out to inspect the damage or to interview the accident victim and estimate the value of the claim as being dramatically lower than what it actually is. They will also use tactics such as requesting recorded statements concerning the accident, sometimes tricking the accident victim into saying things that serve as grounds for the insurer to deny the claim or to settle for an appallingly low amount.

If you are determined to recover the maximum compensation possible in your case, level the playing field by hiring the team at The Daspit Law Firm. Whenever possible, we attempt to recover out-of-court settlements for our clients by negotiating with the insurance company and seeking to compel them to pay a fair amount without going to trial. When this is not an option, however, we do not hesitate to take the case before a jury for a full trial.

Learn more about what to expect during the process and get started now by contacting us for a free case evaluation.