When you’re injured due to an accident or negligence, it can be difficult to figure out who is liable for your medical bills, lost wages, or repair to your property. Sometimes this falls on the defendant’s insurance company to settle, such as workers’ compensation or car insurance, but sometimes you’ll need to sue to get a fair settlement. So who is at fault?
The responsibility of paying your bills in a car accident falls on the at-fault driver’s insurance. But what if the insurance company denies your claim or refuses to cover the total amount? A good attorney will be able to negotiate with the insurance company for a more favorable settlement out of court, though sometimes suing the driver personally is necessary to get the full amount to cover all of the expenses accrued after an accident. But be warned, suing uninsured drivers can be like squeezing blood from a stone; a driver who is unable to pay for car insurance may not be able to pay for compensation either.
Most workplace injuries are easily covered through an employer’s workers’ compensation insurance, even in some cases where the injured is the one at fault. However, there may be some instances where hiring a lawyer is a wise decision. If the cause was employer negligence, it may be grounds to sue for personal injury. In cases where the injury was sustained due to another employee or a faulty product, the suit would be brought against that person or manufacturer respectively.
Suppose you’re injured from tripping over branches on an unkempt hiking trail operated by your city or some termite-infested wood causes you to fall through a neighbor’s deck. Are these accidents or cases of negligence? All property owners are liable for what happens on their property, from publically-owned parks to private residential homes. The validity of your suit mostly depends on proving whether the owner was negligent in the care of their property. But be mindful that the defendant may be covered if you were given prior warning of any potential dangers on the property, such as a store using wet floor signs for slipping hazards.
The reality is that for incidents of personal injury, deciding who to sue comes down to proving negligence and insurance settlements. If you think that you deserve more from an insurance settlement, it may be worth bringing the case to court.