Assessing Third-Party Liability Claims in Charleston

Accidents involving motor vehicles, slip and falls, and defective products in Charleston can result in serious injuries and damages. Whenever an injured individual is debating whether to file a third-party claim for personal injuries, the first question that invariably comes to mind is the expected monetary value of the claim and how much it might potentially be worth.

The maximum value of a Charleston third-party claim depends upon a variety of factors. Although there is no exact formula which may determine the number of damages you may recover, there are certain factors that may drive the potential damage figure up or down. If you sustained personal injuries and damages in an accident, a qualified personal injury attorney could help you with the process of assessing third-party liability claims in Charleston.

Underinsured Motorist Insurance

Several factors play into assessing third-party liability claims in Charleston, each of which may hold different degrees of weight depending on the circumstances of each individual case. For example, the net amount of an injured individual’s monetary recovery depends largely upon the amount of insurance coverage available.

The amount of available coverage depends in turn upon the insurance limits for any and all available insurance policies at stake—usually those of the at-fault individual or individuals. If the at-fault party’s insurance policy is insufficient to cover the plaintiff’s medical bills and damages, then the injured individual’s own insurance policy may come into play via an uninsured or underinsured motorist claim. Reach out to a dedicated injury attorney to learn more.

Establishing Liability

Another factor that is almost always relevant when assessing third-party liability claims in Charleston is the liability posture of the case—specifically, whether the at-fault party’s insurance company is contesting liability by alleging the defendant was not at fault for the accident or alleging that the injured plaintiff did something to cause or contribute to the accident.

In a car accident, the property damage to the vehicles involved in the collision is an important consideration. Generally, the more significant the property damage is, the more the case is worth in the insurance company’s mind. The nature and extent of the plaintiff’s personal injuries and damages is another factor.

Medical Care Needs

Whether the plaintiff will need future medical care or follow-up medical procedures is an important piece of the compensation calculation. A healthcare provider must recommend the future medical care or procedure, and the injured individual must not delay in obtaining the treatment or procedure. Finally, the availability of Medicare or other health care liens is an important consideration. This is where a health care provider may qualify for a lien or setoff against a portion of the plaintiff’s recovery obtained via settlement, arbitration award, or jury verdict.

Working with a Charleston Third-Party Liability Claims Lawyer

Every accident case is different, and various factors play a role in assessing third-party liability claims in Charleston injury cases. A personal injury lawyer could take the necessary legal action to maximize the value of your third-party case. This may include settlement negotiations with the at-fault party’s insurance company, filing a lawsuit, litigating the case through the court system, or taking the case to trial, if necessary.

A Charleston third-party liability claims lawyer could advocate for your right to recover monetary damages for your medical bills, lost wages, pain and suffering, mental anguish, inconvenience, and loss of enjoyment of life. If you require professional assistance in assessing third-party liability claims in Charleston, do not hesitate to reach out to a skilled injury attorney today for your initial consultation.


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