Why Do You Need an Auto Accident Lawyer?
Insurance companies shoulder responsibility in a broad variety of injury instances, ranging from car insurance claims to medical liability. When an insurance company is liable for managing a claim lodged against its insured, the insurance company generally pays both legal charges and the price of damages that are either granted by a jury or decided in a settlement. However, insurance companies usually only pay out the policy boundaries. In this article we will clarify how policy boundaries function and how you may be able to obtain compensation beyond those boundaries. Contact an auto accident lawyer in Oklahoma to understand the policies.
Understanding Policy Limits
When a person purchases liability insurance, there is basically always a policy limit in place. This relates to the total quantity of cash that the insurance company is liable for. For example, if you buy a car insurance policy that has a $50,000 limit, the insurance company will pay out only $50,000. If there are $100,000 in damages, then the insurance company will not pay the $50,000 surplus. This cash will have to come from somewhere else if it is given by a judge or jury.
Can you collect excess damage?
There are a few possible methods for a plaintiff to obtain damages exceeding insurance policy boundaries. These techniques include:
bringing a lawsuit against extra defendants
recovering under an umbrella insurance policy, and
trying to personally obtain from a defendant
The suitable technique of recovering damages will depend on the scenario and what alternatives are accessible to the plaintiff, but let's take a closer look at these three alternatives.
Suing Additional Defendants
Sometimes more than one party may be held legally and financially liable for an incident. In many such cases, the different defendants may be said to be "jointly and severally" liable for the entire amount of damages. This would imply that if there were two participants and each had a policy threshold of $50,000, both strategies of those defendant could be used to pay the bills.
Of course, there are not always numerous defendants or numerous accountable parties. Some instances of circumstances where various defendants may exist include:
Cases of medical malpractice: numerous defendants may exist if both the hospital and the physician breach their professional obligation of care (each may be a defendant).
Product responsibility cases: the manufacturer of the faulty portion and the final product as a whole may be prosecuted, as may the retailer and shop that sold the product in certain cases.
Vicarious responsibility cases: these are circumstances where an officer acts on behalf of someone else, like a worker who got into a vehicle accident while at job. The employer may be vicariously liable for the actions of his officials and the employer may be held responsible.
Local responsibility cases: Local responsibility cases in which a faulty item was present. The property owner may be liable for not checking and checking the flaw, and in the first location the manufacturer may be liable for creating an unsafe product.
A powerful case for damages can make it simple to recognize an insurance company that does not act in good faith towards someone who obviously requires adequate compensation for their injuries. As your legal counsel, we can assist to demonstrate your damage to the insurance business and the court by offering specifics concerning:
The quantity of cash you owe on medical bills
The loss of salaries that you have endured from being out of job
The loss of earnings opportunities that your injury has caused
The property damage that you have endured because of your accident
Get in touch with the auto accident lawyers in Oklahoma at The West Law Firm as fast as possible.
** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.