CASUALTY INSURANCE CLAIMS
The Whisler Law Firm can help if you are injured as the result of another person’s negligence. You just want to get your life back on track, but insurance companies can take a long time to award a claim. The insurance companies will often drag their feet, looking for any way not to pay out what you deserve. They may even dispute the claim citing your negligence as a result of the incident and not the negligence of the policyholder who may actually be the liable party.
UNDERSTANDING HOW CASUALTY INSURANCE WORKS
When a policyholder buys homeowner and property insurance coverage, they can expect casualty insurance to be an essential component of that policy. While property insurance covers you and your belongings in the event of damage or loss, casualty is intended to protect others in the event they become injured or sustain some type of loss in your home or property that you own. Your policy is in place to help cover any costs associated with this incident so you aren’t paying medical bills or repair or replacement costs out of your own pocket.
What about if that same individual is unable to work as a result of his or her accident? They have a broken arm and they are unable to perform at their job for days, weeks, perhaps even months. In this situation, since the accident occurred on your property and you are liable for the injury that was sustained, you could also be on the hook for that individual’s loss of income. Casualty insurance helps policyholders cover lost wages up to the limits that are described within the language of the policy. /p>
Lost wages can become a rather significant sticking point because your negligence has lead to the individual being unable to work and if that person makes a particularly good wage, you could be facing a serious financial challenge.
CASUALTY INSURANCE CLAIMS
At the heart of any casualty insurance claim is the determination of which party was “at fault”. That term is very important in whether or not you are able to be compensated for your injuries.
Referring back again to the examples up top of the individual who has fallen down on broken an arm on someone’s property, let’s now suppose you are that individual. You have become injured (you broke your arm falling down) and you are in pain, you needed surgery to repair your arm, you can’t work, you are having nightmares about the incident, and you are in a lot of pain.
But now the homeowner is claiming you fell over due to your own actions. The homeowner is saying that you are responsible for your injuries and the expenses associated with it. So now you are facing a real conundrum. You must now prove fault because your ability to get compensated for your injuries is dependent upon it. The party deemed liable for the incident is going to be responsible for covering the costs from the accident.
This is where things can be challenging and the Whisler Law Firm is here to help you prove your case and win you the maximum compensation that you deserve for your injuries. Determining who is liable for the accident is not always easy. There are a number of factors to consider. Where were you at the time of the accident where you fell down? Were you supposed to be in that particular area at the time? Was the surface slippery? Did you see a posted warning of any kind telling you not to walk in that particular area? These factors (and others) apply for incidents that take place at a residence or a place of business.
The property owner has a responsibility to act to properly maintain the property in order to keep it safe for others to visit. If you can prove that the property owner was negligent or derelict in those duties or failed to warn you of danger, then the other party will be responsible for paying your expenses related to the accident.
READING THE POLICY
Now that you have the most up-to-date copy of your policy in hand, you need to read it in full. You will need to refer to the Declarations Page in your policy to understand which coverage categories are included. You should find categories that cover your dwelling, your personal property, any additional structures that you have covered, and stipulations for the loss of use and other living expenses that you can expect to have reimbursed. Your policy might also include any payments for liability and medical, along with any supplementary endorsements or riders that were added for extended coverage.
Filing a claim against the party you feel is liable for your injuries will come a with determination of liability that is conducted by the insurance company and this can take some time. All the evidence is gathered and analyzed and the laws that are applicable to the type of accident you suffered are also take into consideration. Ultimately, a determination as to fault is made and this is where liability lawsuits can start.
If fault cannot be determined through the insurance company or the insurer denies any liability despite evidence to the contrary, you may need to go through the courts in order to get satisfaction.
FIGHTING FOR YOUR RIGHTS
Just keep in mind that you must never take on any type of casualty insurance dispute by yourself. The laws can be very complicated where casualty insurance claims are concerned and you do not have the necessary comprehension of the legal statutes and regulations that govern these matters. You would be much better served hiring the right law firm who fully understands the laws and, better yet, has the skill and experience to represent your rights in a court of law.
The Whisler Law Firm is here to protect your rights and ensure you get every dollar you deserve. We will work hard until you and the insurance company agree on a settlement and you are paid in a timely manner.