Personal injury lawsuits were designed for two purposes. They are a way for the injured person to receive assistance for the financial expenses related to their accident, and they are meant to be a deterrent for negligible behavior. Even though in most of these cases the person responsible is not criminally charged, the financial impact of the lawsuit is meant to be a lesson of the benefits of being more careful.
In the majority of these types of suits, it is the insurance company and not directly the policyholder that is being sued. This is because most incidents are covered by either automobile insurance, a commercial liability policy or a homeowner’s policy. Even a dog bite that occurs on a city street can be covered by the owner’s home insurance. Of course, the individual will still face consequences because they will now be considered a higher risk and their rates will increase.
If the individual has many assets, a personal injury lawyer may decide to sue them directly. This is an unusual case and is typically only done if it is very easy to prove their guilt. Otherwise, it is almost always easier to get a settlement or win a judgment against an insurance company. A settlement will be much faster than waiting for a court date and it will reduce the expenses substantially.
If there is no insurance company, for example, an uninsured driver causes an accident, then suing them directly is possible. However, most people who lack insurance also lack money. Since most policies include protection from uninsured drivers, it would be the responsibility of the injured person to contact their own insurance company for compensation. It is important to note that receiving payment through an auto policy for an uninsured driver may eliminate the legal right of the driver to sue the negligent person later on. It is usually a good idea to discuss the matter with an attorney before making a final decision to prevent any mistakes.
Vehicle accidents, slips and falls and worker’s compensation claims are the three most common forms of personal injury lawsuits. Everyone should be familiar with their rights regarding these types of claims. By doing so, they will be prepared if any of these incidents ever happen to them.