What Is an Insurance Company's Role in Personal Injury Cases?

 Posted on August 26, 2024 in Personal Injury

Accidents happen every day, sometimes causing injuries and fatalities. When someone else’s negligence causes an accident, the victim may be entitled to compensation through a personal injury claim. If someone loses their life in a qualifying accident, eligible survivors might receive compensation through a wrongful death claim. How do you know if you qualify? Who is liable for paying you? Request your free consultation with our experienced personal injury lawyer from Law Office of John J. Garvey, III to find out.

How Does a Personal Injury Claim Work?

To qualify for a personal injury claim in most cases, someone else’s negligence must be responsible for your injury and related losses. Several kinds of accidents can lead to these claims, including:

• Car accidents

• Truck accidents

• Motorcycle accidents

• Slip and fall accidents

• Dog bites

These are only a few of the frequently seen types of personal injury accidents. If you think you have a case, contact our office for case-specific information.

In each of these situations, someone has a legal obligation to protect others from harm, called a duty of care. When you have evidence to prove that they were negligent, you likely qualify for compensation.

All of these people and companies should have various kinds of liability insurance, such as auto, homeowners, and business policies. Personal injury cases usually begin by filing an insurance claim against the responsible party or parties. That party’s insurance company will calculate your claim’s value and then either make a settlement offer or deny your claim.

However, you will rarely receive as much as you should unless you have an attorney to advocate for your best interests. Unfortunately, liable insurers routinely try to minimize payouts to protect their own bottom lines.

How Do Insurance Companies Try To Reduce Your Settlement?

Insurers know exactly how much they should pay to cover your financial losses and other kinds of damages, such as pain and suffering. Rather than offering you a reasonable amount, they often make intentionally low settlement offers, hoping you are unaware that you can negotiate for more. These large companies have teams of lawyers who work against you. They may:

• Try to intimidate you

• Trick you into signing binding documents that damage your claim

• Twist your words into an admission of fault

• Blame you for causing the accident or accuse you of an unfair share of fault

In California, the pure comparative negligence law allows you to obtain compensation from other at-fault parties even if you are 99 percent responsible for causing your accident. However, your damages are reduced by your assigned percentage of fault. For instance, if your assigned fault is 40 percent, the most you can receive is 60 percent of your total damages. This is why insurers often try to manipulate your fault.

How Can a Personal Injury Lawyer Help?

When you work with Law Office of John J. Garvey, III, we will not let insurance companies take advantage of you. We will ensure that any fault assigned to you is fair, handle all communications with insurers, negotiate for a maximum amount of compensation, and take your case to trial if the insurer will not cooperate.

Request Your Free Consultation With Our Santa Clara County, CA Personal Injury Lawyer

With over 45 years of experience handling personal injury claims successfully, you can rely on Law Office of John J. Garvey, III to protect your rights. Call us at 408-293-7777 today to schedule your free consultation with our highly qualified South Bay Area, CA personal injury attorney. If we fail to recover monetary compensation for you, we will not charge you any legal fees.