Beyond The Crash

Types Of Claims After An Accident And Injury

In personal injury cases, there are various types of claims. Which one you can pursue depends on the nature of the incident and the resulting damages. Here are some common types of claims that can arise:

Personal Injury Claims (PI Claims)

Personal injury claims are the most common type of claims in personal injury cases. These claims seek compensation for injuries and damages you suffer due to the negligence or wrongful actions of another. Personal injuries can range from minor injuries to severe, life-altering injuries and may include medical expenses, pain and suffering, lost wages, and more.

Property Damage Claims

Property damage claims are separate from personal injury claims and are focused on compensation for damage to personal property. This can include damage to vehicles in car accidents, damage to personal belongings, or damage to real property such as a home or business in cases like slip and fall accidents.

Wrongful Death Claims

In cases where an individual’s injuries result in death, their surviving family members may file a wrongful death claim. These claims seek compensation for the loss of a loved one, including funeral expenses, loss of financial support, and emotional suffering.

Medical Malpractice Claims

Medical malpractice claims are filed when a healthcare provider’s negligence or substandard care causes harm or injury to a patient. These claims are generally made against doctors, nurses, hospitals, or other healthcare professionals.

Product Liability Claims

Product liability claims arise when a defective or dangerous product causes you to suffer an injury or other type of harm. These claims can be brought against manufacturers, distributors, or retailers of the product.

Premises Liability Claims

Premises liability claims involve injuries that occur on someone else’s property due to dangerous conditions or outright negligence. Examples include slip and fall accidents, dog bites, or injuries on commercial properties.

Workplace Injury Claims (Workers’ Compensation)

Workplace injury claims are typically covered by workers’ compensation insurance and can be filed if you are injured on the job. Workers’ compensation provides benefits for medical expenses and lost wages without needing to prove fault.

Auto Accident Claims

Auto accident claims are specific to injuries and damages resulting from motor vehicle accidents. These can include claims for injuries, property damage, and, in some cases, claims against at-fault drivers for punitive damages.

Intentional Torts

In some cases, personal injury claims may involve intentional actions by another party, such as assault, battery, or defamation. These claims seek compensation for injuries resulting from deliberate harmful actions.

Defamation Claims

Defamation claims focus on damage to a person’s reputation due to false statements or publications. While not physical injuries, these claims seek compensation for harm to one’s reputation and emotional distress.

Paying For Medical Bills While A Case Concludes

The injuries and bills that pile up as a result of your accident do not magically stop and wait for the conclusion of your claim to be reached. This being the case, what are you to do in the meantime, since it may be found that you aren’t responsible for covering the costs you’ll incur? Here, we’ll discuss the several potential sources that can help cover these bills as you wait for the outcome of your case.

Health Insurance

If you have health insurance, it should cover a portion of your medical bills. You can use it to pay for necessary medical treatment, including hospital stays, surgeries, doctor visits, and prescription medications. Keep in mind that you may still be responsible for deductibles, copayments, or coinsurance, depending on your insurance plan.

Medicare Or Medicaid

If you are eligible for Medicare or Medicaid, these government programs can help cover your medical expenses related to the injury.

Personal Injury Protection (PIP)

If you have Personal Injury Protection (PIP) coverage as part of your auto insurance policy, it can help cover your medical bills and related expenses regardless of who was at fault in a car accident.

Medical Payments Coverage

Some auto insurance policies include Medical Payments (MedPay) coverage, which can pay for medical expenses resulting from an accident, regardless of fault.

Letters Of Protection

In some cases, healthcare providers may be willing to provide treatment on a Letter of Protection (LOP). These are agreements between injured parties and medical providers that outline terms for medical treatment with the understanding that the provider will be paid from the eventual settlement or verdict in the personal injury case.

Negotiated Medical Bills

Your attorney can often negotiate with medical providers to delay billing or work out arrangements that can reduce the immediate financial burden while you wait for your case to settle.

Out-Of-Pocket Payment

In some cases, you may need to pay for medical bills out of pocket and then seek reimbursement from the settlement once the case is resolved.

Third-Party Lien

If another party is responsible for the injury, their insurance company may be required to cover your medical bills through a third-party lien. These are legal claims against the at-fault party’s insurance settlement.

Financial Assistance

You may choose to take out a loan or seek other financial assistance to cover your medical bills temporarily. This option should be carefully considered, as it may result in additional financial obligations.

Discussing your specific situation with your personal injury attorney is critical, as they can provide guidance on the best strategies for managing medical bills as you wait for your case to wrap up. They will also work to ensure that your medical bills are considered in the overall compensation sought in your personal injury claim.

Uninsured Or Underinsured Drivers

If you are injured in a car accident caused by an uninsured or underinsured driver, it is possible to seek financial recovery, but the process can be more challenging. Here are some options available to you in these situations:

Uninsured Motorist (UM) Coverage

Many auto insurance policies include Uninsured Motorist (UM) coverage, which can provide you with compensation when the at-fault driver is uninsured. UM coverage typically covers medical expenses, lost wages, and other damages resulting from the accident. If you have UM coverage, you can file a claim with your own insurance company to seek compensation.

Underinsured Motorist (UIM) Coverage

Underinsured Motorist (UIM) coverage is similar to UM coverage but applies when the at-fault driver’s insurance coverage is in place but insufficient to cover your damages fully. If the at-fault driver has insurance but their policy limits are too low to cover your expenses, your UIM coverage can fill the gap.

Suing The Uninsured Or Underinsured Driver

If the at-fault driver is uninsured or underinsured, you may be able to sue them personally to recover damages. However, collecting from an uninsured or underinsured individual can be challenging, as they may not have the financial resources to compensate you. Chances are if they don’t have insurance, they don’t have much, if any, to recover from.

Personal Assets Of The At-Fault Driver

In some cases, you may be able to collect compensation from the personal assets of the at-fault driver if they have any. This typically involves obtaining a judgment in court and pursuing the collection process.

State Programs

Some states have programs or funds that provide compensation to victims of accidents caused by uninsured or underinsured drivers. These programs are often referred to as uninsured motorist funds or victims’ compensation funds. Eligibility and the amount of compensation available varies by state.

Negotiating With The At-Fault Driver

Even if the at-fault driver is uninsured or underinsured, you or your attorney can still attempt to negotiate a settlement with them. Keep in mind that the success of negotiations depends on the financial resources and willingness of the at-fault driver to cooperate.

For more information on The Different Types Of Claims After An Accident Or Injury, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (913) 543-4500 today.