After an accident that was caused by the carelessness and negligence of somebody else, that individual or entity can be held liable for compensating the victim for their injuries and damages. Part of those damages are the victim’s medical bills. Those bills are typically covered in lump sum by the insurer who caused the accident. What can come to issue is the fact that depending on the nature and extent of your condition, any settlement or verdict can take months or even years to come to fruition. The health care providers who have treated and cared for you don’t want to wait that long though. They have overhead and families, and they don’t want to wait that long.
Situations like the above often call for the accident victim to make a claim with their own health or auto medical payments coverage. They’ll likely be required to step up to the plate on your behalf and cover whatever portion of your medical expenses that your policy provides for. Then, after your case against the driver who injured you concludes, you’ll likely be required to reimburse your insurer for what it paid out on your behalf. That fact always needs to be kept in mind when negotiating any settlement with the insurer of the adverse party. The good news is that you don’t necessarily need to reimburse your insurer the full amount of what it paid out on your behalf.
California’s Common Fund Doctrine
When a personal injury case is settled or an award is made, a common fund is created from that sum that the injury victim’s insurance company can be paid from pursuant to its contractual right to reimbursement without even participating in the claim or lawsuit. As the victim and his or her attorney created that fund, it’s only fair that insurers who are reimbursed from it pay their fare share of the victim’s legal fees. Negotiating a settlement with the fund doctrine in mind requires a defined strategy and careful negotiations. The bottom line should be that in a perfect world, after payment to the victim’s insurer of a reduced sum, the victim retains the balance, less legal fees and costs. Los Angles is far from a perfect world though, and that’s why you should contact us at Maison Law after being injured in any kind of an accident that was caused by the carelessness and negligence of somebody else.
Contact a Los Angeles Car Accident Lawyer.
Opposing Insurance companies are going to use any number of strategies to try and devalue or even deny your claim. You’re putting yourself at a severe disadvantage if you try to take on any insurance company on your own. That insurer will have you right where it wants you. You’re likely to paint yourself into a corner without even realizing it until such time as it’s too late. Contact the car accident lawyers at Maison Law right away after any accident for a free consultation and case review. If we’re retained to represent you, our objective is to maximize any net proceeds that you might receive from a settlement or award.
Martin Gasparian is the founder of Maison Law, a California Personal Injury Law Firm. Martin is a graduate of Georgetown University Law School and has been practicing law in California 2004. His practice focuses on helping injury victims know their rights and recover just compensation.