There is an unwritten legal concept that applies to everyone known as the right to be free from harm at the hands of another. While this concept is not put down in law, so to speak, there are state statutes that cover Personal injury law which amount to the same thing. An accident lawyer (or a defense attorney) can help explain the laws further as they apply to a specific situation. But in essence, the law allows someone who was harmed to press suit against the person who caused the injuries.
The idea of creating a lawsuit in this kind of circumstance may seem counterintuitive on the surface. After all, states have laws in place that require the carrying of insurance to cover the bills after an incident. This assumes that all insurance policies are created equal when they are anything but. Someone who carries simple liability insurance may have a minimal policy that won’t cover the bills. Or the insurance policy is adequate but the insurer is finding excuses to not pay out. The injured party in this situation shouldn’t be left to pay the bills that they never incurred, and it may require legal action to make the situation right again.
There can be any number of ways in which to take legal action. Sometimes it may be that the offenders insurance company has paid out to the max, but it’s not enough. In this situation, there may be a provision in the victim’s policy to make up the rest of the bills. A strongly worded demand from a lawyer may be all that’s needed to get the victim’s insurance company to live up to the policy’s obligations.
Each accident case is unique, but Personal injry law is designed to apply to them in an even manner. The details of the accident and resulting injuries are used as guidance for how to proceed. It may be that a written letter of demand to the insurance company is sufficient to take care of the bills, along with negotiation. Or it may be that stronger action is necessary to win a claim that covers the medical bills and suffering in an adequate manner.
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