In order for the plaintiff to recover for their past and/or future medical expenses, the treatment received (or to be received) must have been, or be, reasonably necessary. What is reasonably necessary depends largely on the circumstances. For a standard fractured leg injury, very expensive experimental surgery is likely to be seen as unnecessary.
Full Answer
Who has to pay for serious and severe injuries?
When injuries are serious and severe, they usually result in high monetary payments. These payments can come from an insurance company or the person who caused the injuries. Because the amount is usually high, the person who has to pay for the injuries usually wants to make sure the injuries are real and as bad as the victim claims they are.
What is the plaintiff's obligation in a personal injury case?
A personal injury plaintiff's obligation is to act in a way that an ordinary, reasonable person would have in a similar situation.
When does an injured person have an obligation to lessen damages?
An injured person may have an obligation to lessen his or her damages by undergoing surgery if the recommended surgery is a relatively simple operation, with a good record of success.
Why do people fail to seek medical treatment after an injury?
Many people fail to seek medical treatment after suffering an injury because their symptoms are delayed. The adrenaline that is released in your system during stressful events such as car crash, slip and falls, and dog attacks can mask pain.
How much bodily injury liability should you have?
You should have at least as much bodily injury liability insurance coverage as your state requires, and it's good to purchase coverage limits that...
How much bodily injury is full coverage?
Full coverage insurance can include $30,000 to $500,000 in bodily injury liability coverage per accident, depending on the state and insurer. Bod...
What is the difference between medical payments and bodily injury coverage in auto insurance?
In auto insurance, the difference between medical payments and bodily injury coverage is that medical payments ( MedPay ) insurance covers the poli...
What is the difference between bodily injury and personal injury in car insurance?
The difference between bodily injury and personal injury coverage in car insurance is that personal injury protection pays for the policyholder's...
What do the numbers in liability insurance mean?
The numbers in liability insurance mean that an insurer will only pay for bodily injury or property damage liability claims up to a certain d...
How much bodily injury coverage do I need in Virginia?
In Virginia, you need $30,000 in bodily injury coverage per person ($60,000 per accident) if you purchase car insurance. Bodily injury liability...
What does bodily injury liability insurance cover?
Bodily injury liability insurance covers other drivers' medical expenses if they are injured in a car accident that you cause. Bodily injury liabil...
How much bodily injury coverage do I need in Florida?
You do not need bodily injury coverage in Florida. Unlike most states, Florida does not require bodily injury liability insurance to pay for other...
How does bodily injury liability work?
Bodily injury liability works by covering other people's medical expenses and lost wages if they are injured in an accident you cause. Bodily injur...
What do you need to prove in a personal injury case?
The Plaintiff Must Prove Damages. There are two things that a plaintiff in a personal injury case must prove in order to recover compensation. First, the plaintiff must show that the defendant‚is negligence directly led to their injuries. But, proving liability is not enough to recover compensation. The plaintiff must also show that the ...
Why do people not seek medical attention after an accident?
Many people fail to seek medical treatment after suffering an injury because their symptoms are delayed. The adrenaline that is released in your system during stressful events such as car accidents, slip and falls, and dog attacks can mask pain. Because of this, people who are involved in stressful and unexpected accidents may not even realize they ...
What happens if you don't go to the doctor?
If you have not been to a doctor or hospital since sustaining the injuries, you will have no documentation to prove that your injuries are real. Without proof, it‚is very likely that the insurance company will simply reject your claim. Gaps in Treatment Could Raise Red Flags. People who waited too long to seek medical treatment after an accident ...
Why do people refuse to seek medical attention?
There are a number of reasons why someone who suffers an injury may refuse to seek medical attention. Some people hate to admit that they are injured, even though there‚is no shame in doing so. Others may not think that their injuries are serious enough to warrant a trip to the doctor, so they try to treat them on their own.
What happens if you don't have medical records?
If you do not have medical records, there‚is no way for you to prove that the injuries exist, let alone that they were serious enough to led to expenses, losses, or emotional anguish. If you are unable to prove damages, the insurance company will not write you a check for them. Because of this, it is nearly impossible for you to recover ...
Can you recover compensation for an accident?
Because of this, it is nearly impossible for you to recover compensation for your injuries if you were never treated by a healthcare provider. The Right Way to Treat Your Injuries After An Accident. As you can see, there are many reasons why it‚is best to seek medical treatment immediately following an accident.
What Is Bodily Injury Liability?
Fault-based states assign fault ratings to both parties following an accident. In many states, only the driver with a fault rating of less than 50% can claim damages from the other driver.
What Is a Personal Injury Claim?
The plaintiff’s insurance company does not initiate a personal injury claim, or lawsuit. The plaintiff and his or her attorney, if they have one, pursue this lawsuit by filing a suit in the local small claims court. A personal injury claim still involves your insurance company but it is a third-party in the claim.
Can a Plaintiff File for Both?
A plaintiff can file for both, but probably won’t double their earnings this way. If one method of recovering damages satisfactorily acknowledges the plaintiff’s accident-related claims, they cannot receive additional compensation. The only exception to this is if one claims covers a damage that the other claim does not.
What is the difference between medical and bodily injury insurance?
In auto insurance, the difference between medical payments and bodily injury coverage is that medical payments ( MedPay) insurance covers the policyholder, while bodily injury coverage applies to a third-party. Liability insurance only ever pays for damage caused to others, but MedPay applies regardless of fault.
Why is it important to have enough bodily injury insurance?
Maintaining enough bodily injury liability insurance to cover your net worth is recommended to prevent lawsuits. Bodily injury liability coverage pays for other drivers' and passengers' injuries when the policyholder is at-fault in an accident.
What does the number mean in liability insurance?
The numbers in liability insurance mean that an insurer will only pay for bodily injury or property damage liability claims up to a certain dollar amount. These policy limits are typically expressed as three numbers that each represent an amount in thousands of dollars, like 25/50/25.
What is the difference between bodily injury and personal injury?
The difference between bodily injury and personal injury coverage in car insurance is that personal injury protection pays for the policyholder's own medical bills, while bodily injury coverage pays for others' medical bills when the policyholder is at-fault. Bodily injury coverage is a form of liability insurance.
How much liability insurance do you need for an accident?
In most states, drivers are only legally required to purchase between $30,000 and $100,000 in bodily injury liability coverage per accident. But it's generally a good idea to purchase enough liability insurance to cover your net worth instead of only purchasing your state's required coverage.
What is bodily injury liability insurance?
Bodily injury liability is a type of car insurance that pays for other people’s medical bills and lost wages when you are at fault in an accident. Bodily injury liability coverage is required in most states and is only one type of liability insurance. The other is property damage liability coverage, ...
Which states require bodily injury liability coverage?
Drivers everywhere except New Hampshire, Virginia, and remote parts of Alaska are required to carry at least their state's minimum required amount of bodily injury liability coverage. And in every state, you are legally responsible for serious injuries resulting from car accidents that you cause.
What damages can be used to address injuries?
However, damages can include more than just money directly used to address injuries. For example, if the injuries caused a person to miss work, damages can include medical bills and lost wages. There's even a chance that you can recover for lost future wages - known as loss of earning capacity - if your injuries prevent you from working in ...
What is the duty of a plaintiff?
Plaintiff's Duty to Mitigate Damages. An injured person usually has an obligation to take steps to help minimize the negative effects of his or her injury. That can include seeking necessary medical attention or returning to work if possible.
What is the duty of a defendant to minimize or mitigate damages?
Mitigating damages means that the injured party takes certain steps to reduce the effects and loss related to the injuries . If a plaintiff fails to mitigate his or her damages, a defendant can use that fact to reduce the amount of damages the defendant must pay to the plaintiff.
What is the duty to mitigate damages?
The duty to mitigate damages requires a plaintiff to act in a way that an ordinary and reasonable person would have acted in a similar situation. This includes acting in good faith and with due diligence when choosing a doctor or treatment and possibly looking for another job.
What is replevin in law?
Replevin. Replevin is an action to return goods that are wrongfully held by another person or party, often used by creditors looking to repossess collateral. This section includes an overview of replevin laws as well as examples of situations in which replevin would be appropriate.
What is considered damages in a personal injury case?
Damages usually include medical expenses to treat injuries or the cost to replace or fix the damaged property. However, damages can include more than just money directly used to address injuries.
What happens if an injured person can do some kind of work?
Similarly, if an injured person can do some kind of work, even if it's not his or her usual line of work, and work is available, the injured person's damages will probably be reduced for failure to mitigate damages.
1. Insurer Accepting Liability
For claims against the other person’s insurance company, you will bear the burden of proof to show their insured was liable, meaning responsible for your injuries.
2. Allegations of Shared Fault
You may be convinced the other party was completely at fault for your injuries. However, the adjuster will always look for ways to put some of the blame on you.
3. Evidence of Fault and Damages
The final payout you get from the insurance company will be directly affected by the evidence you collect to support your claim.
4. Reasonable and Necessary Medical Costs
Higher medical expenses usually lead to higher injury settlements if the medical costs make sense. You can’t assume the claims adjuster will simply agree with the amount of medical and chiropractic bills you submit for reimbursement.
5. Bodily Injury Liability Insurance Limits
Most bodily injury claims are paid by auto insurance or homeowner’s insurance policies that have limits of coverage.
6. Venue and Jurisdiction
Where your accident occurred can have a big impact on the amount of compensation you receive. Insurance adjusters take venue and jurisdiction into account when they decide how much to pay for settlements.
7. Multiple Victims for Limited Funds
When multiple vehicles are involved in an accident, determining who’s liable for your injuries becomes more complicated. Also, although your injuries may be real, and the costs of treatment reasonable and necessary, your settlement amount may be limited by the insurance policy limits of the at-fault driver.
What are the two types of damages in personal injury?
There are two main types of damages available to plaintiffs in personal injury lawsuits: special damages and general damages. Special damages describe the overall category of economic or monetary damages that result from an injury or accident.
What is pain and suffering compensation?
Included within the compensation related to pain and suffering is monetary damages for the long-term effects of any permanent physical injuries. To prove the existence of actual physical pain and suffering, the plaintiff may offer their own testimony at trial. Alternatively, a plaintiff may offer testimony from medical experts to discuss ...
What multiplier do insurance adjusters use?
Insurance adjusters will generally use the 1.5 multiplier to determine an initial offer of pain and suffering. However, a claimant can, and should, negotiate to get the adjuster to offer a higher number. Adjusters have a range of authority. Meaning, they have a range of money that they are authorized to settle within.
What is physical pain?
Physical pain and suffering refer to the damages related to physical pain that an injured person endures from an injury or accident. Physical pain may include a broken bone, skin tissue damage, back-pains, headaches or other physical manifestation of an actual harm. In addition to physical pain, plaintiffs can recover for ...
What are the four categories of damages?
Generally speaking, general damages include four categories: (1) physical and emotional pain and suffering, (2) emotional distress, (3) loss of consortium, and (4) loss of society and companionship.
What is pain and suffering?
The phrase ‘pain and suffering’ is a legal term for the emotional and physical stress that results from an injury. ‘Pain and suffering’ are a classification of damages that plaintiffs may be entitled to if they win a personal injury or wrongful death claim in a civil lawsuit. ‘Pain and suffering’ damages are frequently intended to compensate ...
What is the meaning of "general pain and suffering"?
Loss of quality of life. Loss of enjoyment of life. Generally speaking, this list of mental pain and suffering can be referred to as general pain and suffering. To prove a plaintiff suffered general pain and suffering, the plaintiff may testify about the stress and anxiety that is a direct result from a traumatic accident.
What does a defense doctor know about a client?
In other words, all the defense doctor knows is that they have been retained by the defense firm to perform a physical examination of your client, and nothing else.
Can a plaintiff record a mental exam?
Plaintiff is statutorily allowed to audio record the entire mental exam. Code Civ. Proc., § 2032.530 (a) (“The examiner and examinee shall have the right to record a mental examination by audio technology.”); see also, Baqleh v.
What is the Florida statute for pain and suffering?
Of particular importance to pain and suffering damages is Florida Statute 627.737, which states (in part) [4]: In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle ...
What is the burden of injury victims in Florida?
Both in settlement negotiations and at trial, the injury victim bears the burden of providing authentic, admissible evidence of pain and suffering, both physical and mental. Florida law is clear: injury victims are required to provide credible evidence of their claims (speculation or uncertainty will void pain and suffering damage awards).
Why did Patricia Parrish file a lawsuit against the city of Orlando?
The City refused to negotiate a settlement with Mrs. Parrish. This forced Patricia Parrish to file a lawsuit against the City for negligence.
Why are intangible damages called intangible damages?
That’s why they are also known as intangible damages because they are estimate of what it will take, in terms of dollars and sense, to return a victim to the condition he or she was in before their injury.
What is economic damage?
Economic Damages – This is where a victim recovers their medical bills, lost wages and other quantifiable costs and expenses; and. Non-Economic Damages – These damages include loss of the capacity to enjoy life and pain and suffering. Pain and suffering damages are somewhat subjective in nature.
What is physical pain?
Physical pain and suffering includes not only the pain and trauma experienced by the accident victim at the time of the injury, but the pain and discomfort experienced during the recovery process and into the future.
What are the two types of pain and suffering?
The law recognizes two kinds of “pain and suffering” claims: mental and physical. [1] Mental pain and suffering involves things like fear, embarrassment, humiliation, anger, depression, and other emotions that hinder the enjoyment of living which result from the accident and its aftermath.