The Role of Insurance in Personal Injury Claims and Lawsuits

When accidents happen, they often bring a whirlwind of challenges – physical, emotional, and financial. Vames, Wang & Sosa Injury Lawyers understand that dealing with insurance companies can be as daunting as dealing with the injuries themselves. This article aims to demystify the role of insurance in personal injury cases, providing clarity and guidance to those who find themselves in such unfortunate situations. 

Insurance plays a crucial role in the resolution of personal injury claims. Its primary function is to provide financial protection and compensation for losses incurred due to an injury. Understanding this role is key to navigating a personal injury claim effectively.

  • Initial Claim Filing

The process usually begins with the injured party filing a claim against the at-fault party’s insurance. For example, in a car accident, a claim would be filed against the at-fault driver’s auto insurance. This claim includes details about the accident and the injuries sustained. 

  • Insurance Company’s Role

Once a claim is filed, the insurance company investigates it. This evaluation involves assessing the accident, determining liability, and estimating the damages. Insurance adjusters play a critical role in this process. They review accident reports and may even interview witnesses. Their goal is to ascertain the extent of the insurer’s liability.

  • Settlement Offers

The insurance company will typically present a minimal settlement offer after their initial evaluation. This offer is designed to encourage an early settlement, often before the injured person even knows the full extent of their injuries. Claimants are not obligated to accept the first offer and should refrain from even negotiating until they are fully recovered. 

  • Role of Health Insurance

Health insurance also plays a role. It may cover medical expenses while the personal injury claim is pending. However, if a settlement is reached or a court awards damages, health insurance providers may seek reimbursement out of the settlement monies for any bills they have paid. The legal term for this is “subrogation.” 

  • Impacts of Policy Limits

It’s important to consider the policy limits of the at-fault party’s insurance. These limits can cap the amount of compensation available. In cases where damages exceed these limits, the injured party may need to explore other avenues for compensation, such as their underinsured motorist coverage.

  • Legal Representation and Insurance Negotiations

Legal representation is vital throughout this process. Vames, Wang & Sosa Injury Lawyers can handle the complexities of dealing with insurance companies, ensuring that the injured party’s rights are protected and that they receive fair compensation. We can also help in situations where the insurance company disputes the claim or in cases of bad-faith insurance practices.

 

Filing a claim is necessary to recover damages for injuries sustained. In such circumstances, having experienced legal representation is invaluable. Vames, Wang & Sosa Injury Lawyers can provide the necessary guidance, negotiate on your behalf, and help mitigate the risks involved. We ensure your rights are protected and work towards achieving the best possible outcome for your situation. Initiate the path to justice and recovery by contacting us today.

Emery Wang

Emery Wang

Emery Wang has been a lawyer in Oregon since 2009. While attending Lewis & Clark law school, Emery worked as a Multnomah County District Attorney, and since then has been a full time personal injury lawyer.

Vames, Wang & Sosa Injury Lawyers focus on vehicle crashes, personal injury, and first-party car accident insurance claims. They have offices located in Gresham and Hillsboro.

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