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Resolving Personal Injury Claims for Policy Limits

Posted by Alan Fassonaki | Mar 06, 2023

When someone is injured due to the negligence of another party, they may pursue a personal injury claim to recover damages for their losses. In many cases, the at-fault party has insurance coverage that will pay for these damages up to a certain limit, which is known as the policy limit. When a personal injury case is resolved for policy limits, it means that the maximum amount of compensation available under the insurance policy has been paid out to the injured party.

Here are a few key things to keep in mind regarding policy limit settlements:

  1. Policy limits are set in advance by the insurance company. Every insurance policy has a maximum amount that the insurer will pay out in the event of a covered claim. This limit is determined when the policy is purchased and is typically based on factors such as the type of coverage, the level of risk associated with the policyholder, and the state in which the policy is issued.

  2. The policy limit may or may not cover all of the injured party's damages. Depending on the severity of the injuries and the costs associated with medical treatment, lost wages, and other losses, the policy limit may not be sufficient to fully compensate the injured party for their losses. In some cases, the injured party may need to pursue additional compensation from other sources, such as the at-fault party's personal assets or their own insurance policy.

  3. Resolving a case for policy limits typically involves negotiation. In order to resolve a personal injury case for policy limits, the injured party's attorney will typically need to negotiate with the insurance company and the at-fault party's legal representation. This can be a complex and time-consuming process, as the parties may have differing views on the value of the claim and the amount of damages that should be paid.

  4. Resolving a case for policy limits can be beneficial for both parties. For the injured party, resolving a case for policy limits can provide a relatively quick and certain source of compensation, without the need for lengthy court proceedings. For the at-fault party, resolving a case for policy limits can help to limit their financial exposure and avoid the risk of a larger judgment or settlement that could exceed the policy limit.

  5. Resolving a case for policy limits does not necessarily mean that the at-fault party is admitting fault. In most cases, when the insurance company pays out the policy limit, it also disclaims any admission of liability by its insured in its form release papers.

Overall, resolving a personal injury case for policy limits can provide a fair and efficient way to compensate injured parties for their losses, while also protecting at-fault parties from excessive financial liability. If you have been injured in an accident, it is important to consult with an experienced personal injury attorney who can help you navigate the legal process and pursue the compensation you deserve.

About the Author

Alan Fassonaki

What inspired me to practice personal injury law? I was 9 and imagining the win. My mother was driving me to my basketball game. My older sister came along to support me. While on the road, I thought about practice and replayed our team's game-plan in my mind. Suddenly, I hea...

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