Why Negligence Can Play A Pivotal Role In A Personal Injury Lawsuit

Charges of negligence often arise in personal injury cases when the at-fault party (or defendant) caused the accident in which the injury victim (or plaintiff) suffered mental and/or physical harm. In cases such as these, the judgment or outcome typically hinges on the plaintiff’s and personal injury lawyer’s ability to prove that the defendant was negligent and caused the accident as well as the injuries that the plaintiff suffered.

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Underinsured Motorist – Coverage And Claiming Benefits

According to Investopedia, “Underinsured Motorist” or “UIM” is a provision in an auto insurance policy that extends coverage to include bodily and property damage that was caused by another motorist and who didn’t have sufficient insurance to cover damages. Insurance policies that contain UIM coverage will have significant differences from one state to the next.

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The Role That Insurance Plays In A Personal Injury Claim Settlement

Whenever someone files a personal injury claim, it’s a safe bet that insurance coverage will play a significant role in the outcome or settlement of the case. For instance, when two or more drivers are involved in a motor vehicle accident, they usually exchange their insurer’s names with one another at the scene. Indeed, the outcome of other types of personal injury claims and lawsuits typically depend on the absence or presence of insurance coverage as well.

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Subrogation Actions In Insurance Law

When you’ve suffered injuries in an accident, you would normally get medical attention, have the doctor send your bill to your health insurance provider, and walk away feeling as though everything has been taken care of. However, your insurance company may still contact you to discuss the nature and extent of the accident and your injuries. They are merely complying with what is written in your policy in order to determine if someone other than you is completely or partially responsible for the accident and your injuries.

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Protecting Your Interests In An Independent Medical Examination

If you’ve filed a personal injury claim or lawsuit, the at-fault party’s or your insurer has the right to ask you to undergo what is referred to as an “independent medical exam”or IME by a doctor of their choice. This is often a requirement of the legal process. But the key words here are “of their choice”, not yours. What you may be unaware of is that the doctor they have chosen is not doing this for treatment purposes. They are doing it to gather information for the insurer regarding the nature and extent of your injuries.

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What Is Contributory Negligence And How Can It Affect Your Claim?

In Ontario, negligence is apportioned by means of percentage of fault. So, say that you are injured in a motor vehicle accident but it comes to light that you weren’t wearing a seatbelt. In that case, you may be apportioned with a percentage of fault when it comes to your injuries. Although the seatbelt was not a cause in the accident, the lack of wearing one contributed to your injuries.

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