In most cases, negligence should always be the basis of personal injury claims. As legally defined, negligence is the failure to perform an act that a prudent individual would ordinarily perform under certain situation. Hence, negligence may result to legal obstacles if it resulted to personal injuries or damages.
When you get hit by falling debris from a nearby construction site and suffer an injury, chances are someone was really, really negligent. You get medical attention for your broken wrists and you are on your way to recovery in a week. But just when you thought everything was okay, your blood pressure shoots up when the nurse hands you your bill at the hospital.
No one can have the assurance of being safe from sustaining disability. According to the studies conducted, around 25% will most likely to be disabled for at least some time during his entire life. These experiences have resulted to their incapacity to perform their jobs and earn sufficient income for either their personal or families’ needs.
Like any other types of personal injury claims, not all car rollover cases require the help coming from a lawyer. The injured victims must first dig up their cases and try to establish some important facts before filing charges. Generally, simple cases may be settled through negotiations between the parties involved especially if the victims only sustained minimal damages, liability is clear and no other factors instigate conflicts.
Many auto accident victims are experiencing difficulties in dealing with their insurance companies. This is very true especially when the accidents involve complicated matters that are still needed to be settled. These scenarios occur when the liability in doubtful, the insurance coverage is insufficient or if the claimants disagree with the insurance adjuster’s settlement offer. Because of these instances, the process of negotiation with the insurance companies takes more time.
In California, like most states, you are required to carry liability
insurance on your vehicle if you plan on operating it on public
thoroughfares. At present, the minimum liability coverage permitted by
law is $15,000/$30,000. The $15,000 figure is a per injured party sum
while the $30,000 figure is an aggregate sum meant to provide coverage
to two or more injured persons. Liability insurance is available in
higher amounts such as $30,000/$60,000, $100,000/$300,000 and
$250,000/$500,000. The cost of increasing your limits from
$100,000/$300,000 to $250,000/$500,000, for example, is relatively
slight compared with the added protection it affords you in the event
of a loss. This is especially true given the skyrocketing cost of
health care. <br>
Liability insurance is coverage you are required to obtain to protect
others on the road from any act of <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-negligence.php">negligence</a> by you. It DOES NOT
afford you, as the operator of the vehicle, any coverage whatsoever in
the event you are at fault for the accident in which you are injured.
Only medical payments coverage (often available in limits of $1000 and
$5000) will provide you protection in the event your injuries stem from
your own negligence. What happens however, if you are not at fault for
an accident in which you are injured, perhaps seriously, and the
responsible party is either uninsured or under-insured? The answer is
simple, hope and pray you have enough UM/UIM coverage.<br>
Most never appreciate the significance of UM/UIM coverage, the benefits
it affords them or the import of maintaining high UM/UIM limits until
after becoming involved in an accident. Why is it you would feel
compelled to carry liability coverage with $250,000/$500,000 limits to
protect others, yet feel it appropriate to maintain UM/UIM limits of
only $15,000/$30,000 to protect yourself? While high liability limits
may insure that your personal assets are sufficiently protected in the
event you are at fault in injuring another in an accident, what happens
to your assets when you are seriously injured as a result of an
uninsured or under-insured <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-automobile-accidents.php">driver's negligence</a> and either do not have
health insurance, have insufficient health insurance, and no long-term
care coverage? Stated simply, your assets are exposed!<br>
If you are injured as a result of the actions of an uninsured or
under-insured driver, your UM/UIM coverage will cover you. In instances
where the at-fault driver was uninsured, your UM coverage kicks in
immediately. In instances where the at-fault driver was under-insured
(with liability coverage insufficient to compensate you for your
injuries), your UIM coverage kicks in after his payment of policy
limits and only to the extent your UIM limits exceed his liability
limits. For example, if the under-insured at-fault driver maintained a
policy of insurance with $15,000/$30,000 in liability coverage and your
injuries had a value of $100,000, undoubtedly, his carrier would tender
his policy limits to you. If you have UIM coverage with limits of
$100,000/$300,000, the $15,000 you received from the at-fault
under-insured driver is deducted from the $100,000 leaving you $85,000
in UIM coverage; an amount sufficient, with the $15,000 already
received, to fully compensate you for your injuries. If however, you
have UIM coverage with limits of $15,000/$30,000 and already received
$15,000 from the at-fault uninsured driver, YOU HAVE NO UIM coverage
available.<br>
The example in the preceding paragraph illustrates the importance of
maintaining high UM/UIM limits. Often times, we see accident victims
who have only catastrophic health insurance policies (policies with
huge deductibles) or policies with benefit limitations. Rarely do we
see accident victims who had the foresight to secure long-term care
coverage. The absence of healthcare insurance, insurance limitations
and no long-term care coverage could prove financially disastrous to
anyone with insufficient levels of UM/UIM coverage. <br>
At EISENBERG LAW GROUP, we advise all our clients to maintain the
highest level of UM/UIM coverage possible. The cost of UM/UIM coverage
is considerably less than liability insurance but as important, if not
more important, to you. We would encourage you to review your
automobile policies to determine your UM/UIM coverage and increase your
limits if you believe them too low. We would also encourage you to
obtain and/or increase you med-pay coverage as well. Like UM/UIM
coverage, med-pay coverage is considerably less costly than other forms
of coverage available to you. Finally, to the extent you are a
homeowner and/or financially able, we would encourage you to maintain a
liability umbrella (especially if you have young driver's in your
family operating vehicles on your policy), to protect your home and
other assets in the event of an at-fault loss.<br>
EISENBERG LAW GROUP is not an insurance agency, insurance broker or
insurance company and does not offer insurance advice. Please consult
your insurance specialist for advice on all your insurance needs and
any concerns you may have with any policies of insurance you maintain
at this time.
In the populous county of Los Angeles, California, among the primary causes of motor vehicle accidents is negligence. Usually, the vehicle mostly involve in such accidents are cars which are usually handled by negligent drivers.
Even if you failed to prevent yourself from getting involved in a car accident, you can still do well by having a legal specialist to safeguard your rights and fight for the recoveries/compensation for damages and injuries you are entitled to receive.
Another program being administered by the Social Security Administration (SSA) in ensuring social protection for the citizens of the United States is the Supplemental Security Income (SSI).
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