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What is a bodily injury or liability claim? A Bodily Injury claim, which may also be referred to as a Liability Claim, is submitted to the at-fault party’s Insurance for compensation of your injuries sustained as a result of the collision.
When a collision occurs, several claims may be established. However, the bodily injury claim is the one that establishes fault for the collision and opens up the door to potential compensation.
Once the collision has been reported and you have established a bodily injury claim, the insurance companies will then begin their liability investigation.
When a collision occurs, and you’ve reported it to your insurance company, the first thing the insurance company will do is investigate liability, i.e., who was at fault for the collision and who would be monetarily responsible for the injuries sustained. They conduct this investigation by reviewing police reports, available video footage, and obtaining recorded statements. After reviewing all the materials, the insurance company will complete its investigation and should provide us with its conclusion, either accepting or denying liability.
Insurance companies have various ways to handle the case after liability is determined. Some strategies include never admitting liability, while others attempt to claim that both parties are equally at fault. This is usually combated by police reports and any citations issued at the scene of the crash. Even if insurance companies don’t admit or deny liability, you may still have a viable case.
If you have received a denial letter and have not yet retained an attorney, please call BK Law Group, and we would be more than happy to review your claim and see how we can help.
Insurance companies don’t like to admit liability, and they use various strategies to handle the case once liability is no longer in dispute. The most popular strategy is to offer a settlement check for your bodily injury claim early in the case. While this can initially seem appealing, it is a common strategy used by insurance companies to reduce your overall compensation. Insurance companies will give you a small check now to avoid paying you a larger one later.
If the at-fault party’s insurance has offered you a settlement check and your case is fairly new, it would be advised to contact an attorney for a second opinion on your claim. At BK Law Group, we are dedicated to advocating for our clients and ensuring they receive the most compensation possible.
To potentially receive compensation from the at-fault party’s insurance, one of the following conditions must occur.
The most common condition is that your treatment cost threshold must exceed $4,000.00. Often, MRIs or other diagnostic imaging are not considered part of the threshold. However, other medical expenses would be considered towards the threshold.
The next most common condition is permanent disfigurement or permanent injury. This is a common condition, as scars that never fully heal are considered permanent disfigurements. Other permanent disfigurements or injuries include loss of limbs, reduced sight, hearing loss, or a note from your treating physician stating your injury is permanent.
Another condition for receiving compensation is being placed on disability for sixty (60) days or more. This is a less common condition and would often result from a high-speed collision with extensive injuries.
The least common condition is death. If a loved one has passed away as a result of a collision, it’s advised to contact an attorney to help you navigate the legal process as your family deals with the loss. Insurance companies will do everything in their power to reduce compensation, even in the case of death. During grief, you should not have to worry about legal matters or fighting with insurance companies. At BK Law Group, we advocate for grieving families and will do everything possible to ensure they receive the maximum compensation.
If you have met even one of these conditions, you would likely receive compensation from the at-fault party’s insurance in the form of a settlement check.
However, before the settlement check is cut, a demand letter is written and submitted to the at-fault party’s insurance company.
A demand letter is typically written after you have completed all your treatments to ensure recovery is achieved before demanding compensation from the at-fault party’s insurance company.
A demand letter is a recap of your entire case that demands compensation from the at-fault party’s insurance based on the facts available. It compiles all of your related treatments, the cost associated with these treatments, any wages lost, out-of-pocket expenses, and any pain and suffering incurred as a result of the collision. The monetary value of these elements then encompasses the demanded settlement amount.
Bodily injury claims operate and pay based on your pain and suffering, and the injuries you sustained from the collision. If you accept a settlement check for your bodily injury claim, you will be forever barred from making another claim for this collision. The at-fault party’s insurance will not pay for any future treatments you need, and they will accept no further claims stemming from that collision.
If the at-fault party is offering you a settlement check for a bodily injury claim, and your claim is fairly new, consider calling a personal injury attorney for a second opinion on your case. Insurance companies will always present the lowest offer first, in hopes you will accept the check, and the case can be closed forever. Without a personal injury attorney backing you up and demanding fair compensation, you might receive less compensation than your claim is worth. Here at BK Law Group, we are dedicated to being client advocates, and we work to ensure you receive the most compensation possible.
If you have further questions about bodily injury or liability claims, or would like to discuss another claim, we welcome you to call our offices at (952) 314-5101, and we will be more than happy to help.
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