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Just because you can prove that someone is liable for your injury doesn't mean that you will automatically get your full compensation. Below are some complications that can decrease your compensation or even block it altogether.
Statute of Limitations
The statute of limitations determines how long you have to file your personal injury case. Depending on the nature of your injury, the counting may start:
For example, the statute of limitations for auto accidents in Connecticut is two years. Even with a valid claim, you won't get any compensation for your damages if you file your case after the expiry of the statute of limitations.
Award Limits
Some states have laws that determine the value of damages injury victims can get. The limits typically apply to noneconomic damages. Some states also apply caps to some types of personal injury cases, such as medical malpractice, but not others.
For example, California has a $250,000 limit for noneconomic damages in medical malpractice cases. Thus, even if the jury awards you a million dollars as noneconomic damages, you will only receive $250,000 as per the limits.
Inadequate or Lack of Insurance
Insurance coverage is the primary source of compensation in personal injury cases. A defendant without relevant or adequate coverage might be unable to raise your compensation money. The law does allow you to go after such a defendant's personal assets to recover your damages. However, you might be out of luck if the defendant doesn't have valuable assets.
Consider an example where you slip and fall on someone's property, but the property owner doesn't have property insurance. In such a case, your options are to use the person's personal assets for your compensation or miss the compensation altogether.
Immunity
Lastly, you can also have a problem with your damage recovery if the defendant is immune to your claim. Immunity is a typical problem with personal injury cases against government bodies or representatives. For example, the government is mostly immune to premises liability claims, especially if the claims arise out of the government's planning decisions.
The good news is that most laws have exceptions that you can use to get your compensation. For example, the government is not always immune to personal injury lawsuits — there are cases where you can sue the government. If you have a complicated case, consult a personal injury lawyer to help you get the compensation you deserve instead of throwing in the towel.
To learn more, contact a personal injury attorney today.
Share29 April 2020
