Who Pays in a Personal Injury Case?
When it comes to recovering damages in most vehicle accident cases, most experienced personal injury law firms look to the responsible party’s automobile liability insurance or homeowners insurance. If the person who caused your injuries was employed with a company at the time he or she caused the accident and, was in the scope and course of employment, we may also pursue a claim against the employer company based upon a legal theory of respondent superior (the employer is liable for the wrongful conduct of its employees while on the job).
Other theories of liability may also be reviewed and pursued which might include a dangerous or defective product claim against the manufacturer or a maker of one of the vehicles parts or components (defective brakes, tires, unsafe/exploding gas tank design’).
If the other party has insufficient insurance or no insurance at all, you may be entitled to bring an uninsured motorist or underinsured motorist claim available against your own insurance company. In these circumstances, we will also use experts to undertake an asset background check to see whether or not there is any real property, bank accounts, home equity, or other significant assets to cover your losses. In many cases where the other party was either uninsured or insufficiently insured, we’ve been able to use these techniques to get payment on a large judgment against the other side.
The bottom line is that no settlement should take place and no settlement releases should be signed until you have full and complete answers to all of the above questions and issues.
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