Most people know that if they are ever injured in an accident in Atlanta that was caused by someone else, they can file a personal injury claim to cover medical expenses, property damage, and other losses.
Many personal injury lawsuits involve individuals, but it can still be hard to know who will pay for the personal injury settlement or lawsuit.
The answer often depends on the circumstances surrounding the accident, the type of case they have, and if the defendant has insurance that applies to the accident.
If you’ve recently been injured in an accident, it’s important to contact an Atlanta Personal Injury Lawyer for legal representation.
Lawsuits are always filed against the person responsible for the accident, but are they always the ones paying for it?
We’ll take a look at that question and more below.
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Car Accidents
Car accidents are the reason for the majority of the personal injury claims we see in Atlanta.
In most cases, the at-fault party is another driver whose negligence caused the accident.
They could have violated traffic laws, driven distracted or under the influence, etc.
Although a car accident attorney will file a case against the at-fault driver, they are usually paid by the negligent driver’s auto insurance provider.
Many car accident claims involve payouts from the at-fault driver’s insurance company.
But there are other circumstances where other parties pay claims.
These often include:
- Product Manufacturers: A product manufacturer can be held liable for defective products that cause an auto accident.
- The Accident Victim’s Insurance: If someone is injured in an accident by someone who is underinsured or uninsured, the injured person can file a claim with their own insurance provider if they have UM/UIM coverage.
- Government Entities – Government entities may have to pay a lawsuit if their negligence caused an injury or injuries.
Truck Accidents
Commercial truck accidents are a little different than a typical car accident case.
In a truck accident, there is almost always more than one party involved in the accident case.
These parties include:
- The Truck Driver: Truck drivers who fail to comply with safety regulations or whose negligence caused an accident can be held liable for severe injuries and damages. Since trucking companies are responsible for the conduct of their drivers, the trucking operator often pays victims harmed by negligent drivers.
- The Trucking Company – Trucking companies can also be held liable for compensation payouts if they commit various acts of negligence or safety violations.
- Maintenance Companies – If a truck driver contracts out maintenance work to a third-party company, accident victims may be paid, at least in part, by maintenance companies that failed to meet standards and comply with regulations.
- Product Manufacturers – Just like motor vehicle accidents, product manufacturers of defective truck parts can be responsible for paying victims.
If you’ve been the victim of a truck accident, our truck accident lawyers are able to provide legal assistance.
Insurance and Personal Injury Lawsuits
Just about every personal injury case you’ll come across will involve some type of insurance.
Unless it’s a crime, like an assault, there is almost guaranteed to be some sort of insurance to cover the responsible party.
A car accident case has car insurance.
Slip and fall cases are covered by premises liability, which is part of homeowners insurance or commercial property insurance.
Medical negligence cases are covered by medical malpractice insurance.
If you’re injured at work, it will be covered by worker’s compensation insurance.
Even if you get bit by a dog, it’ll be covered by homeowners insurance.
More often than not, there will be insurance coverage available to pay any personal liability settlements or judgments against the policyholder.
But it’s hardly ever that simple.
Insurance companies will only pay up to the limits of the policy.
So, if you’re awarded $75,000 in a car accident settlement, but the defendant only has $50,000 of coverage, insurance will only pay you $50,000.
You can try to collect the remaining $25,000 from the person responsible for the accident, but that’s often a fruitless endeavor.
If a person causes an accident who is uninsured or under-insured, it can be challenging to receive any type of compensation from them after filing a personal injury claim.
Even if you do get a judgment against them, if the person doesn’t have a job, a savings account, a retirement account, or any assets that could be sold, they’ll have no way to pay you the thousands of dollars they owe you.
When Do You Get Paid If You Win Your Case?
Once your case is settled, you’ll have to have certain costs subtracted from your settlement amount before you can be paid.
These expenses include:
- Attorney Fees: Most personal injury attorneys work on a contingency fee basis. That means that when you hired your lawyer, you agreed on a percentage that the attorney would be paid if they won your case. This fee will be the first thing deducted from your settlement.
- Case Costs: There are also certain case costs you will also be responsible for, like paying for medical records, copy charges, and postage for pre-suit cases.
- Medical Liens And Expenses: Medical providers, health insurance companies, and other agencies may place a lien or hold on your settlement or judgment to pay for debts you owe for treatments you received while waiting for your settlement. These liens will also come out of your settlement. However, a skilled personal injury lawyer will conduct lien negotiations to reduce your bills and send you home with the most money possible.
Call a Personal Injury Lawyer If You’ve Been Hurt In Atlanta
If you’ve recently been injured in an accident in Atlanta and you are struggling to recover from your accident, a personal injury lawyer can help.
They will help you get the money you deserve no matter who ends up giving it to you.
Mabra Law Firm is a personal injury law firm in Atlanta that’s willing to work hard for you.
We have the resources and experience needed to handle your personal injury case.
We also offer free consultations and work on a contingency fee basis, so there’s no risk in talking to us.
To schedule your free consultation and case evaluation with an experienced personal injury lawyer from Mabra Law Firm, fill out the form below.