Firm associate Levi Adams gave an informative presentation about personal injury cases at our September CLE luncheon. He covered various topics including: making claims to insurance companies, how to litigate a case if necessary, and settling a case.
An important point was the requirements for making a personal injury liability claim. If you have been injured, you must have accrued over $3,000 in medical expenses or have a permanent injury in order to bring a claim for general damages.
Another crucial point that was covered is settling the claim. It is important to remember that when dealing with an insured- at fault party, the claim is typically against the insurance company, even though if litigation is commenced, the individual person must be named in the lawsuit.
Lastly, underinsured (UIM) and uninsured (UM) coverage is crucial. If an individual is injured by another driver who carries the state minimum in liability coverage ($25,000) or does not have insurance coverage, then the person will need to use their UIM or UM coverage. If one’s injuries exceeded $50,000, they could nonetheless be bound to only recovering $50,000 if both parties carried the state minimum. It is advisable to review your UIM and UM coverage and ensure that there is adequate coverage if the at fault party does not have enough.