When you sustain a serious injury due to the negligence of another person or party, it stands to reason that you have the right to pursue compensation for your pain and suffering. If you have no prior experience filing a personal injury claim, though, you might understandably wonder where your compensation will come from.
There are a few different sources of compensation in a personal injury case depending on the circumstances. The factor that primarily determines from where your compensation will come is whether or not the at-fault party has insurance.
If the liable party has insurance
In most cases, compensation in a personal injury case comes from the at-fault party’s insurance company. This might refer to their auto insurance coverage in the case of a motor vehicle accident or their premises liability coverage in the case of an accident on the grounds of a public business.
If the liable party does not have insurance
If the at-fault party does not have insurance that covers the costs of your damages, there are a couple of different scenarios that might apply. The compensation might come from your own insurance company, such as when you have an accident with an uninsured driver and you have the relevant uninsured motorist coverage on your policy.
You can also pursue legal action which necessitates that the at-fault person pays out of their own pocket. Keep in mind that even if you win a court case against the at-fault person and the judge rules that they must pay you a specified amount, you might not receive your full compensation immediately if that person cannot afford it.
When you have medical bills to pay after a catastrophic accident, you deserve compensation from the responsible party. That starts with knowing exactly where the damages will come from.