Tortfeasor’s Insurance in TBI Cases

“Tortfeasor” is a term that is not heard often in civil liability cases. A tortfeasor is a person responsible for causing someone else harm, but the term only applies if insurance is involved. For example, if someone’s dog bit someone else and the dog owner went through their homeowner’s insurance to help provide compensation to the dog bite victim, the dog owner would be a tortfeasor.

The above example would fall under the strict liability category of tortfeasor. The two other categories are intentional, which applies when someone means to cause harm, and negligence, meaning someone’s careless behavior causes an injury. A credible attorney could help you further understand tortfeasor’s insurance in TBI cases.

The Limitations of Tortfeasor’s Insurance

Tortfeasor’s insurance in TBI cases is typically the primary and most probable source an injured individual has for recovery. This insurance provides coverage for bodily injury and casualty policies. In Florida, however, the minimum amount of this insurance someone is required to have for bodily injury is $10,000, an amount which is often grossly inadequate for traumatic brain injuries (TBIs).

For example, if a person was attacked by a dog, fell, and hit their head on the sidewalk, they could sustain a serious TBI. During the course of their treatment, they may have to pay for MRIs, CT scans, and other costly tests, rehabilitation services, and therapies. They may also be unable to work, resulting in a loss of income to help pay for all of those expenses. It is easy to see how $10,000 may simply not be enough to cover for all these expenses.

Missing Insurance Company Payouts

Insurance companies, in some cases, do not pay out on their policies, even when there is a valid claim. They are in the business of making a profit, and paying out on large claims cuts into those profits. For this reason, insurance companies deny legitimate claims all the time. When this is the case, an injured individual could consult a TBI lawyer and file a bad faith lawsuit.

In cases when the insurance company does not pay out, or in which the $10,000 is not enough to cover all expenses, a lawsuit could help hold the defendant personally responsible for paying the rest of the compensation. However, if the insurance company does approve a civil injury claim against an at-fault party and pay out on it, the defendant could claim their tortfeasor’s insurance represents a portion of the compensation paid, which would accordingly decrease the amount of money they personally owe the plaintiff.

Seek Professional Help from a TBI Attorney

The term tortfeasor may not be heard often outside of courtrooms, but it is a very common term in the legal world. It typically refers to someone held responsible when they contribute to someone else’s injury, but tortfeasor’s insurance in TBI cases alone is often not enough to fully cover all expenses related to an accident. When that is the case, injured individuals need to know that they have options.

A traumatic brain injury lawyer could work to hold both at-fault individuals responsible when they refuse to pay compensation for someone’s injuries. They could also speak to insurance companies on the injured individual’s behalf to ensure they are paid the benefits they are entitled to. Call today to see what may be possible in your case.