Clients often ask us whether it is safe to assume there is auto insurance in the event of a personal injury case going to trial. The answer is “YES”. There is a 99.9% probability that your lawyer will find that insurance covers your personal injury case if it goes to trial. After the lawyer has exhausted all settlement options and/or mediation options with the defendant, your personal injury case might need to go to trial. Your lawyer will request that the insurance company provides the limits of the available insurance coverage for a personal injury claim involving an automobile accident. O. C.G. requires that insurance companies provide all available insurance policy limits in order to cover negligent actions of their insured. A. SS 33-3-28.
In most cases, injured parties need to first receive medical treatment. Your attorney will request copies and information about your medical bills and medical records after the treatment has been completed. Your attorney will request copies of your medical records and medical bills. After this, your lawyer will send a demand letter to the insurance company requesting payment for medical bills, lost wages, pain and suffering. The amount requested by the lawyer in his initial demand letter is often rejected by insurance companies. Your lawyer might recommend that you file a lawsuit to get the insurance company to cover your claim. The Defendant must receive a copy and summons from the court clerk after your lawsuit has been filed. The Defendant should contact their insurance company and an attorney assigned to the case by them. The Defendant’s lawyer will respond to the complaint within 30 calendar days. Otherwise, the Defendant is in default. Six months of discovery will begin after the Defendant answers a complaint. This will include depositions and written discovery questions. Mediation can be conducted at any time after the suit has been filed.
After the case has been settled in mediation, negotiation of compensation takes places in front of a mediator who will help the parties determine a fair amount that the insurance company should pay to the injured party in settlement of the claim. Sometimes mediation fails to work and both sides must reach an agreement. In these cases, a jury will be required to decide the case. Few thinks your Personal injury law cases are usually settled when the insurers agree to provide the relief requested by the Plaintiff. However, it is possible to go to trial if the insurance company refuses to pay the damages request. It is reasonable to assume that the defendant has insurance to cover the case if the case goes to trial.
Attorney John Adkins can help you get the compensation you deserve if you were injured in an auto accident. Call us today for a free consultation