Perhaps you have been injured in a car accident. Maybe you slipped and fell because of an uneven walkway that wasn’t maintained by a property owner.
No matter what kind of injury you sustain, you may have the right to seek monetary compensation. If your accident was the result of another person’s negligence or carelessness, you may be owed financial recovery.
But how does insurance affect a personal injury case? Read on to find out. Below, we will examine some of the ways that insurance companies can influence financial recovery in an injury case.
California Injury Claim Filing Deadlines
Every state has a specified limit for how long you can wait before filing a civil lawsuit after an accident or injury. This legal time limit is known as the “statute of limitations.”
Under California state law, the statute of limitations for injury cases is typically two years from the date of the accident. Victims who fail to file a lawsuit within the two-year statute of limitations will be refused by the court.
There are some exceptions to the two-year limit. Speak with a skilled legal professional as soon as possible to discuss the specifics of your injury case.
Most cases do not escalate to the litigation phase until after settlement negotiations. Usually, an attorney will negotiate with the relevant insurance provider on behalf of the client.
A personal injury attorney will ensure that negotiations proceed quickly enough that you can file a lawsuit if necessary.
Shared Fault in California
In California, the liable party’s insurance provider is responsible for all of the damages that their insured caused.
However, California also operates under a “shared fault” approach to injury cases. This also means that if you sue someone for negligence, they can argue that you were responsible for your own accident.
Their insurance company may also make this claim. They may also argue that you are only partially responsible. If you are partially liable for your injuries, it will affect the amount of financial recovery that you can secure.
California’s “pure comparative negligence” rule means that the amount of recovery that you are owed will be reduced by the percentage of the fault that is yours. Consider the following example.
Suppose that you sustained a head injury in a traffic collision because another driver ran a stop sign. But at the time of the crash, you were driving faster than the speed limit.
If you bear 10% of the fault and the other driver bears 90% of the blame, your recovery will be reduced by 10%. If your damages added up to $20,000, you could only recover $18,000. This “pure comparative negligence standard” is only applicable in California courtrooms.
But insurance providers may cite this rule when attempting to offer you a lower settlement. This is one way that insurance can affect your personal injury case.
Make sure to contact a legal professional to negotiate with the insurance company on your behalf.
Negotiating with Insurance Companies
Most personal injury cases are settled before they go to court. This means that negotiating with insurance providers will be one of the most impactful elements of your accident or injury case.
Insurance adjusters are not working in the best interests of injury victims. Their job is to minimize the amount of payment on each claim that is filed.
When an adjuster makes an offer on a personal injury claim, they consider the following:
- The claimant’s chances of winning at trial
- The amount of damages a jury is likely to award
To determine these two factors, insurance companies usually request extensive information and documentation about the claim. This can include:
- Medical bills
- Accident reports
- Proof of property damage
- Proof of earnings
- Tax returns
- And more
Adjusters will work hard to offer the lowest settlement possible. Attempting to negotiate with an insurance provider without legal counsel can negatively impact your financial recovery.
A skilled legal representative will negotiate on your behalf. Accomplished injury lawyers know the negotiation tactics that adjusters use to devalue accident claims.
Insurance can affect your personal injury case in many ways. Hiring a trusted attorney will give you the best chance of recovering the compensation that you are owed.
A Free Consultation with Lalezary Law Brothers®
At Law Brothers, we handle every case from start to finish. You focus on recovering from your accident, and we’ll take care of the rest. We understand that this may be a difficult time for you, so we will meet you where you are at. We offer both virtual consultations and in-person consultations throughout all of California. And if we take on your case, you won’t pay unless you win. Call The Law Brothers® today.
Call us today at (800) 820-0000 for a free consultation or Contact US online to get started.