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Who Pays for a Personal Injury Claim?

We get a lot of general questions asked to us when we have our first consultation with our clients. Here is a recent one, so we thought it would be a great blog post to help you better understand a personal injury case!

Who pays for a personal injury claim?

A personal injury claim is a type of civil lawsuit that is filed after someone causes physical, emotional, or psychological harm to another person. Occasionally, a negligent party will hurt someone else and he or she will face a civil lawsuit and criminal charges. We commonly see this in drunk or drugged driving cases.

Sometimes when someone is injured, he or she has every right to file a personal injury claim, but they delay or they don’t file a claim at all. Usually this happens when the person is afraid to inconvenience the at-fault party. Or, the injured person decides not to file a claim because they’re convinced that the at-fault party can’t afford to compensate them for their injuries.

When people use the above reasons not to file a claim, it’s devastating. Instead of receiving the compensation they need and deserve, they suffer. They have to foot the bill for all of their medical expenses, and they have to deal with losing income for weeks, months, or even years. Often, the injured person makes these unnecessary sacrifices at the expense of their family’s financial and emotional well-being.

So, Who Pays the Compensation?

So, who pays for a plaintiff’s damages (financial compensation for injuries or losses)? Usually, it’s an insurance company. Rarely, it’s an individual, but once in a while it happens. In the vast majority of personal injury cases, it’s the at-fault party’s insurance company that pays the plaintiff’s damages for medical bills, lost income, pain and suffering, etc. Common types of insurance that pay plaintiffs in a personal injury case:

  • Auto insurance
  • Homeowners insurance
  • Medical Malpractice insurance
  • Workers’ compensation insurance
  • Retail business insurance
  • General liability insurance
  • Medical office insurance

We are only scratching the surface in regards to insurance. Just be aware that in almost all personal injury cases, there’s an insurance policy in force that will compensate an injured party who files a lawsuit against a negligent person or business. For example, even if a woman was robbed and assaulted one night in a parking lot and her attacker got away, she can still file a lawsuit against the property owner.

If you were recently injured in an accident and you’ve hesitated to contact an attorney, be rest assured that there’s no harm in finding out if there is an insurance policy that will compensate you for your damages. To learn more, contact us at 701.241.4141 today!

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