So many accidents occur on a daily basis. So many individuals are injured as a result. For example, a car accident with a motorcycle, can injure both the motorcyclist and the driver of the other vehicle. In addition, if the automobile had passengers, then all of them are also potential victims in this personal injury accident. In such a situation, an attorney is needed to properly manage the claims and interests of all parties (meaning their clients).
If the motorcyclist ran a red light, crashing into the automobile of 5 people, then all 5 people would have a claim against the motorcyclist’s insurance. When policy limits are low and the injuries are high, it is up to the attorney and legal team to best manage the client’s interests both legally and in terms of the medical treatment received. For this hypothetical, let’s assume that 3 of the 5 injured people in the car are adults, and the other 2 are minors or children. Let’s also assume that at least 1 of the 5 require extensive surgery or epidural injections due to their injuries.
Let’s throw in the mix that the motorcyclist defendant (who caused the accident and would be liable) has a policy limit with his insurance company for $25,000 per accident and $50,000 aggregate. This means that any one injured individual cannot obtain more than $25,000 for his or her injuries as a result of this accident. It also means that the total of the 5 injured passengers and driver of the car cannot get more than a total of $50,000 from the defendant’s insurance.
Let’s Map this out:
5 Plaintiffs in Car VS. 1 Defendant Motorcyclist
On average, the 5 total riders in vehicle 1 cannot obtain more than $10,000 each on average (which is an important consideration if each of the 5 incurred medical expenses of more than $10,000). In reality, the amount of settlement for each injured party is calculated proportionally based on their injuries and cost of medical treatment/bills (since the bills need to be repaid out of the settlement). But total settlements (including cost of medical expenses and treatment), may require more money to certain passengers than others. It is in this balancing act that we your attorney manage each of our client’s interests. Of course, the individual that was most injured and needed surgery will take a proportion of the policy limit that is reflective of that medical expense. In certain situations, the policy limit is insufficient to make each client whole or to just cover the medical expense.
At Los Angeles based law firm Akiva Niamehr LLP, we work hard to make things right and fight the insurance company tooth and nail to get just settlements for our clients. Contact us today if you were injured in a car or motorcycle accident and the other driver was at fault or caused the accident. We can help.