Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

My car was broad-sided in a high school parking lot by a student who was not paying attention. There are two witnesses and the student admitted it was his fault.  However, the police would not come because they said that the wreck did not happen on a public street.  Does that fact that this wreck happened in a parking lot affect my rights to seek damages for the injuries I received in the wreck?

Not under Tennessee law.  All drivers have the obligation to exercise reasonable care at all times, and that includes the operation of a vehicle in a parking lot.  

The fact that a police officer did not appear is not fatal to your case, particularly if there were others present that saw the wreck.   I hope you got the names and contact information of these witnesses and, if you did, make sure you hold on to that information.  I assume that you also got contract information for the other driver.

You need to report this wreck to your auto insurance company as soon as possible.  It is also recommended that you speak with a lawyer before giving a statement to the insurance company - either your company or the other driver's company.   Any statement you give can be used against you in a later proceeding.

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I have a disability insurance policy through my job.  I am disabled but the disability insurance company denied the claim.  The company says I have the right to appeal and that I don't need a lawyer.  Do I need a lawyer?

I strongly recommend that you have the help of a lawyer.  It sounds like your policy is going to be covered by a special federal law and, if your policy has language in it that is often found in such policies, a federal court that reviews a denial of your claim will be largely limited to looking only at the same evidence the insurance company looked at when it denied your claim.  Thus, it is extremely important that your file with the insurance company contain all of the relevant material that can be used to support your claim,  An experienced lawyer knows what material to submit on appeal and how to make the most persuasive argument that can be made on your behalf.

Also, depending on the language of your policy, it may be very difficult for a federal court to reverse the insurance company's decision to deny you benefits.  If the policy so states, the judge can only reverse a decision to deny benefits if the judge finds that the insurance company "abused its discretion"  in making its decision.

All too many people think that they can handle the appeal on their own and get a lawyer involved only after an appeal has been denied.  Unfortunately, in many cases, the failure to get the help of an experienced lawyer not only means the loss of an appeal but also the loss of the entire claim.

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My daughter is 21 years old and is a college student.  She is has no declared major but she is doing well in school.  She was in a bad car wreck and had severe injuries to her leg.  Can she include a claim for loss of future earnings as part of her personal injury claim? 

Yes, but she will have to be able to prove how the injuries affected her ability to earn money in the future.  This will require evidence of what she was wanted and able to do before the wreck and evidence of how the wreck limited those opportunities.  Those lost opportunities then need to be converted to dollars.

At our office, in appropriate cases, we utilize the service of a vocational expert to help us make the assessment of how an injury affects future work opportunities.  We then use an economist to demonstrate the amount of economic loss as a result.

Let me hasten to add, however, that this can be a very complicated issue.  It requires analysis of not only what the the victim wanted to do but also what she was able to do.  For example, if your daughter's leg injuries are very severe she may well not be able to be a professional golfer.  However, if your daughter had never played golf or never played golf competitively before the wreck, it would be very, very hard to show that the wreck that caused her injury caused the loss of the ability to make a living as a professional golfer.  

The lack of a declared major does not make the determination of damages impossible.   Her good grade history is an important factor, as will be the nature of her course work and her previously expressed desires as to the type of career or careers she was seeking.  

So, situations such as this require an analysis of not only what was possible but also what was and is probable.  And, it requires converting the gathered data into dollars.  It is fair to say that this can be a challenge with younger clients (who lack an earnings history in a given field) but it is not impossible.  

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Uninsured motorist coverage is a very complicated subject.   Tennessee has some very peculiar rules that govern uninsured motorist cases.  We offer a free consultation to people who have been involved in accidents and believe that they may have an uninsured motorist claim.  

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What types of damages can be recovered in a personal injury case?

 In most personal injury cases, you can recover monetary damages for medical bills, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.  

These categories of damages are explained below.

• Medical Bills

People injured by the negligence of another can recover the reasonable medical bills necessarily incurred as a result of the incident.   To the extent that the injuries likely require on-going medical bills in the future, those future medical expenses can also be recovered.

• Physical Pain and Suffering

Pain and suffering is physical discomfort caused by an injury.

• Emotional Pain and Suffering

 Mental or emotion pain and suffering includes anguish, distress, fear, humiliation, grief, shame, or worry.

• Disfigurement

Disfigurement is a permanent injury that impairs a person’s appearance. This includes permanent scars and lost limbs.

• Loss of Enjoyment of Life

 Lost capacity for the enjoyment of life compensates the injured person for limitations put on the ability to enjoy the pleasures of life as a result of an injury. This includes the inability to engage in activities you once enjoyed.

• Disability

Disability is the loss of your ability to do the same physical things that you did before you were injured.

• Loss of Earning Capacity

 Loss of earning capacity is the loss of your ability to work and earn money. It may be an amount equal to your lost wages as a result of the injuries you received in the incident. If you have suffered permanent injuries that affect your ability to work and earn money, it includes those monies you are likely to lose in the future because of your injuries.

The reason loss of earning capacity may exceed lost wages is because sometimes it can be shown that a person is earning a particular wage only temporarily and will be progressing up the income ladder. For example, if a college student is injured and can never work again, it would be unfair to say that the student’s earning capacity is what he or she was making at a part-time job at McDonald’s. Instead, expert witnesses are employed to demonstrate the likely earnings of the student over his or her work-life expectancy if the injury had not occurred.

• Interest

 If a trial is necessary, you win at trial, and the defendant appeals you can recover interest while the appeal is underway.  You can also recover interest if the defendant delays in paying you what you are owed. This is called post-judgment interest. The interest rate under current law is 10% per year.

However, under current Tennessee law, you cannot recover pre-judgment interest (interest on the amount of your losses between the time you incurred them and the time of settlement or trial) in Tennessee personal injury and wrongful death cases.

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I was hurt in a car wreck that wasn't my fault.  I don't have any health insurance.  I have medical payments coverage on my car insurance but it was only $10.000 and it has already been paid to various doctors and hospitals.  Now, my doctor says I need physical therapy but I don't have the money.  Worse yet, my lawyer says he won't pay for it.  What do I do?

Your lawyer is correct.  Under ethics rules applicable to lawyers in Tennessee, a lawyer cannot advance you money for any medical treatment.  A lawyer can advance money for the benefit of the client for litigation expenses, but he or she cannot provide money to a client (or potential client) for any other reason during pending litigation or in anticipation of employment.

What can the lawyer do to help you?  Sometimes health care providers can be persuaded to treat a patient who has a pending personal injury case if the client promises in writing to pay them out of any settlement monies.  Under this type of arrangement, the client directs the lawyer to withhold money out of any settlement and directly pay the health provider, and the lawyer promises the provider that he or she will do so.   No health care provider must do this, but it is not uncommon for physical therapy companies to agree to do so if you have a case where the other driver is clearly at fault.

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How many justices serve on the Tennessee Supreme Court?

Five.  The justices are selected by the Governor from a panel of three persons selected by a commission.  The commission interviews and evaluates lawyers who apply for an open seat on the Court. 

Go here for more information on the Tennessee Supreme Court.

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I was in an automobile wreck with a truck driven by an employee of the TVA?  Can I sue the driver and the TVA for my injuries?

You can sue the TVA, but there is a special process that must be followed.  The TVA can only be sued in federal court after the failure of a special claims process.  

The law that gives you the right to sue the TVA is the Federal Tort Claims Act.  The claim must be filed within two years of the date of the accident.  A special claim form must be used to file the case with TVA.  If TVA rejects the claim or does not act on it within six months you will have to file suit in federal court.

It is suggested that you seek the advice of an experienced lawyer to guide you through this process.

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My 25 year old brother from Lebanon, Tennessee was killed in a car wreck in Tennessee. Some people have said that an estate must be opened and that an executor or administrator has to be appointed by the court in able to file a wrongful death lawsuit.  Is that true?

Not necessarily, but it may be required depending on other facts that you have not shared with me.

Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:

• A lawsuit for the death of a husband can be filed by his wife, his executor or the administrator of his estate.
• A lawsuit for the death of a wife can be filed by her husband, her executor, or the administrator of her estate.
• If a person is single at the time of his or her death, the lawsuit can be maintained by his or her adult children or, if there are no adult children, by his or her parents. The lawsuit can also be filed by an executor or administrator.
• If a person is a single minor at the time of death, the lawsuit can be maintained by his or her parents. If the parents are divorced, special rules apply. The lawsuit can also be filed by an administrator.
• If the decedent did not leave a spouse or child and was predeceased by his or her parents, the law permits a sibling to file suit. The lawsuit can also be filed by an executor or administrator.

So, if your brother was married at the time of his death his wife would have the primary right to bring the lawsuit.  If not, the primary right would go to his parents because, obviously, your 25 year old brother did not have any adult children.   If your parents predeceased or your brother or if they don't want to pursue a case, a sibling can bring the case or an executor or administrator can be appointed to bring the case.

Remember that the right to bring the case does not necessarily include the right to receive money in the case.  The right to receive money from a successful wrongful death lawsuit is governed by a different law.  Go here to learn more about this area of Tennessee law.

Also remember that under Tennessee law a wrongful death case must be filed within one year of the date of the incident causing the death.  

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My doctor and I both think I am disabled.  I have long-term disability insurance that I purchased through my employer.  The insurance company denied my claim - my doctor says they do that all the time and that I should get the money I am entitled to receive if I just file an appeal with the company.  Why should I go to the expense of hiring a lawyer now?  The appeal process looks pretty simple.  

The appeals process looks simple enough,  but if your insurance policy is covered under the Employment Retirement and Income Security Act of 1974 ("ERISA") (and given the limited information you in your inquiry it probably is) you do not have the rights you may think you have.  

For example, when you participate in the appeals process you give the company additional information that it says it needs to evaluate the claim.  However, if the company turns down the appeal again,  you may not be appeal to submit more evidence to a court.  Thus, the court will be limited to looking only at what the company who denied the claim looked at and, depending on the language of your policy, the court may be able to reverse what the company did only if the court finds that the company "abused its discretion."  This is a difficult legal standard of meet, especially if the record created on appeal does not include all of the necessary and available information.

Therefore, if you wait to hire a lawyer until after your appeal is denied you may not include those materials in your file with the company on appeal that will persuade the company to reverse its earlier decision or to enable a court to do so upon later review.

I would encourage you to discuss your claim with a lawyer before you appeal.  Our office does not charge an initial consultation, and we will consider employment on a contingent fee basis in appropriate cases.

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Uninsured motorist coverage is a very complicated subject.   Tennessee has some very peculiar rules that govern uninsured motorist cases.  We offer a free consultation to people who have been involved in accidents and believe that they may have an uninsured motorist claim.  

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I was in a wreck.  The police took a statement from me but she did not accurately put down what I said in the accident report.  Can the accident report be used against me in a personal injury case? 

Yes, but not directly.  In most cases, the accident report cannot be admitted into evidence in a Tennessee state court.  However, the police officer who you asked you questions can be subpoenaed into court and asked what you said to her.  She will be given the right to review report, which may well be all that she remembers about what you said to her.  Therefore, if the officer recalls only what is in the report and will not agree that the report is or could be wrong,  the evidence of your statement as set forth in the report (technically, the officer's testimony about that statement) can be used against you.

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I have a disability policy that I obtained through my employment.  I have had a lot of emotional problems recently and have been hospitalized several times for those problems.  My psychiatrist says that I need to take at least one year off of work and, in fact, I may never be able to work at my old job again.   I talked to my human resources department about receiving disability payments and  they said that the insurance policy cuts off benefits after two years if the disability is a result of mental or emotional disorders.  Can they do that?

It is not uncommon for disability policies to limit benefits in a number of different ways, including limiting the time period for payments because of mental or emotional problems that result in disability. 

You need to ask a lawyer to review the policy and medical history and see what rights you have under the policy.  Most lawyers who represent those seeking benefits under a disability policy, including our office, do not charge for an initial consultation.

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My long-term disability payments have been terminated after four years.  I received the policy through my employment many years ago.  What should I do now?

You should contact a qualified lawyer as soon as possible - you have a limited period to appeal your decision.   It is strongly suggested that you not attempt the appeal process on your own because the documentation submitted in support of your appeal not only will determine whether the appeal will be successful but also impact whether you will be able to win a case in court if the appeal is denied.

 You should also assemble certain documents for the lawyer to review.  This includes a copy of your insurance policy, all correspondence you have had with the insurance company, and any medical records you have concerning your medical condition.  Your lawyer will need this documents, and perhaps others, to help you determine your legal rights.

We do not charge for an initial consultation and are honored to help people who have had their long-term disability benefits terminated understand their legal rights.

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I had a hip replacement a couple years ago.  I have had nothing but grief since.  I have heard that the DePuy ASR hip has been recalled.  How do I find out if the hip I had replaced was made by DePuy and is one of the recalled hips?

Your doctor will have records of the hip replacement product that was used and, if he or she does not, the hospital will have records that will show what product was used.  You need to learn both who the manufacturer was and what model was used.  Each device that is implanted also comes with a serial number and you should get that number as well.

As I said, you can get this information yourself or ask the assistance of a lawyer who is handling hip replacement cases.  Remember that certain deadlines apply to take legal action and therefore you are encouraged to act as soon as possible.  Failure to take appropriate action on time will result in a loss of your rights. 

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I receive long-term disability insurance payments from an insurance policy that I got through work. The company required me to apply for disability payments under from the Social Security Administration.  I did, was determined to be disabled by the SSA, and now my long-term disability insurance benefits are being reduced by the amount of my SSD payments.  What is going on?

It is not uncommon for private long-term disability policies to require claimants to apply for SSD payments and then off-set any SSD payment received against the benefit of the private policy.  The language of the policy often gives them the right to do this.

This certainly sounds unfair, but if the policy provisions give them the right to this offset there is little that can be done about it.

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My husband was in a serious truck wreck yesterday and was badly injured.  Some people are saying that I should get a lawyer right away but I don't see the reason for it.  I really want to wait and see how my husband does and get his input on who the lawyer should be.  Why shouldn't I wait?

You should not wait because the trucking company is probably already gathering evidence to use in the case.  I came upon this blurb on the website of a law firm that represents trucking companies:  

[Our] transportation group has created a rapid response team that is available 24/7 to immediately respond to your clients' needs with respect to serious injuries, fatalities and catastrophic losses.

Thus, it is not uncommon for trucking company claims representatives or lawyers to be on the scene of a wreck gathering evidence, talking to witnesses, and preparing a defense to the case.  If the victim of the wreck does not do the same thing evidence may disappear and recollections of witnesses may fade.

You would be advised to seek the advice of an experienced trucking company lawyer as soon as possible.  Read here to see what qualifications you should seek.  Read here to learn more about litigation against trucking companies.

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I live in Tennessee.  I was in a car wreck in Nashville and got hurt.  It was the other driver's  fault.  The other driver has no insurance.   I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $25,000 / $50,000. What does that mean?

Uninsured motorist coverage is a very complicated subject.   Tennessee has some very peculiar rules that govern uninsured motorist cases.  We offer a free consultation to people who have been involved in accidents and believe that they may have an uninsured motorist claim. 

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I believe that I was a victim of medical malpractice in the VA hospital in Nashville.  How much time do I have to file a medical malpractice claim against the VA? 

You cannot file suit without first filing a claim.  Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury.  The claim must be filed with the appropriate federal agency.

The government then has six months to evaluate the claim.  It may try to settle the case, or it may deny the claim.  When the government denies a claim the claimant then has a right to file suit in federal court.  If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.

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I have been receiving long-term disability payments for eight years.  Now my insurance company has cut me off and says I need to go back to work.   What are my rights?

Your rights are dependent on the language of your disability insurance contract, the applicable law, and your medical condition.

Your contract (policy) specifies when you are entitled to receive benefits and what benefits you receive. The law applicable to your insurance contract will tell whether you can take legal action against the company and the nature of the legal action.  Your medical condition - and whether it makes you "disabled" under the definition of disability in your policy - will also determine whether you remain eligible for policy benefits.

So, the question you asked cannot be answered without more knowledge about the items described above.  Even the law applicable to your claim cannot be determined without knowing a lot more about your policy.

Here is the bottom line:  the loss of your disability benefits is a very serious matter that must be addressed quickly.  It is not uncommon for policies to have an appeal period and the appeal is something that must be approached in a very systematic way.   Do not assume that you can lose the appeal and simply file suit and get your benefits back - there are many, many problems with that approach.  

You need to speak with an experienced lawyer about this problem as soon as possible.  We offer an initial consultation at no charge.

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I work in a small plant in Middle Tennessee.  I hurt my back at work.  What are my rights? 

If you got hurt while you were working you have a right to have your medical care paid for by your employer.  The employer or its worker's compensation insurance company has a list of doctors that you are permitted to see at the employer's expense.

To the extent that the injury causes you to miss work you have the right to be paid (at a discounted amount and after a waiting period) money for your lost wages.  If you have a permanent injury that causes a disability you have a right to payment for a permanent disability.

Now, the fact that you have rights doesn't always mean that your employer or its worker's compensation insurer will honor those rights or that they will offer you a fair amount of money for your disability. A qualified worker's compensation attorney can help you ensure that you receive the medical treatment and compensation that the law says you should receive.  Our office handles these cases and does not charge for an initial consultation.

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  I live in Tennessee.  I was in a car wreck in Nashville and got hurt.  It was the other driver's  fault.  The other driver has no insurance.   I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $100,000 / $300,000. What does that mean?

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Do lawyers in Tennessee have to purchase legal malpractice insurance?

No.  There is no requirement that lawyers in Tennessee have legal malpractice insurance.

However, responsible lawyers purchase malpractice insurance to protect their clients from losing money in the event that the lawyer makes an error.  Lawyers are human (believe it or not!) and, like anyone else, they make errors.  Most of those errors do not result in any demonstrable loss to their clients, but from time to time losses occur.  In those cases, malpractice insurance is there to protect the client from financial harm.

Feel free to ask any lawyer that you intend to hire whether they carry malpractice insurance.  If the lawyer tells you that  he or she does not have insurance, you should give that answer serious consideration before hiring that lawyer.

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  I was in a car wreck yesterday.  It was probably my fault.  I looked at my automobile liability insurance policy and it says that I have liability limits of $250,000 / $500,000. What does that mean?

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My long-term disability insurance benefits application was denied.  Now, they say that I have to appeal.  I don't want to appeal - I just want to sue them and get the benefits I am entitled to.  Do I really have to go through the administrative appeals process?

The answer to your question depends on the language of your insurance policy and what law applies to your policy, but if you want to challenge the denial of your claim  it is not unusual for insurance policies to require that you go through an administrative appeals process before going to court 

You should give serious consideration to seeking legal advice to help you through any administrative appeals process that is required under your policy.  If the policy is governed by a federal law known as ERISA (the Employee's Retirement and Income Security Act of 1974), compliance with the administrative appeals process is essential to the success of your case.   Success in any court action after the administrative appeal process a is extremely dependent on the contents of the file the insurance company accumulates as part of the appeal.  

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I was hurt in a car wreck.  There is a witness listed on the accident report but he won't talk to me.  I need his help.  Can I make someone testify?

You cannot make anyone speak to you.  If a lawsuit is filed, you can serve a subpoena on a person who has or allegedly has knowledge about a case.  A subpoena is a document issued by a court that requires someone to appear at a stated location and give testimony.  A person can be subpoenaed to give testimony for a deposition, hearing or trial.

The mere fact that a person can be commanded to attend a deposition, hearing or trial does not necessarily mean that they will tell the truth about what they observed or know or that they will cooperate.  In other words, a subpoena can be used to force someone to show up, but it does not force them to give truthful testimony.

An experienced lawyer can often help persuade someone to cooperate with the litigation process even in the absence of a subpoena.  Although no one likes to be inconvenienced by giving testimony in someone else's case, many people can come to understand that they have a moral obligation to testify truthfully and that by cooperating with the people involved in litigation the likelihood of settlement increases, thus eliminating the need for a deposition or trial.

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I was in a car wreck caused by a driver who was driving a car owned by the Department of Defense.   The other driver told me that she was going to a business meeting in Nashville.  The wreck occurred on Interstate 40 near Mt. Juliet.  Can I sue the federal government and recover damages for the injuries I received?

Yes, although there is a special law that governs the rights of people to sue the federal government for the acts and omissions of its employees.  Tennessee rules of evidence and procedure do not apply to these cases, although the Tennessee driving laws will apply.

The special law that governs the process for this type of case is called the Federal Tort Claims Act ("FTCA").  The FTCA became law in 1946 and is the mechanism for compensating people injured by the negligence of federal employees.  The appropriate federal agency must be given notice of the claim on an approved form and, if the case is not settled, the case must be filed in federal court.  The trial is a non-jury trial.

It is recommended that you seek legal assistance in filing a claim under the FTCA.  

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My application for benefits under a long-term disability policy have been denied.  The denial letter mentions "ERISA."  What is that?

"ERISA" refers to the Employee's Retirement and Income Security Act of 1974, a federal law that impacts the rights of employers and employees in matters concerning in a wide variety of matters, including rights under certain disability insurance plans.  If ERISA applies to your disability insurance plan, your legal rights under the policy will be determined after review of the policy terms under federal law, not state law.

IF ERISA applies to your policy your legal rights are dramatically affected.  However, just because the insurance company says that your policy is governed under ERISA does not necessarily mean that is so.  Whether ERISA applies will depend on numerous factors.  

An experienced long-term disability insurance lawyer can help you determine whether ERISA applies to your insurance policy.

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I was hurt in a car wreck and I think I have a really good case.  I think I should get $1,000,000 - it seems like people get that much and more and they aren't hurt as bad as I am.  Will I get $1,000,000 in my case?

There is no way that I can answer that without having a whole lot more information that you have shared to date.  

Million dollar verdicts are rarer than you might think.  When they occur, they tend to hit the newspaper, but the statistics tell us they are quite rare in Tennessee.

Shannon Ragland has a publication called the Tennessee Jury Verdict Reporter.  A recent report published  by Shannon indicates that there have been 84 jury verdicts over $1,000,000 in Tennessee in the last six years. During that same period, there have been 1769 jury trials in civil cases.  Thus, a 1,000,000 jury verdict happened in less than 5% of all trials.

In automobile wreck cases the number of $1,000,000 verdicts is quite small.  In the last six years there have been only 8 such verdicts in 957 jury trials.

Let me add that these numbers represent verdicts, not settlements.  There are certainly additional cases that have been settled for more than $1,000,000.    However, for every case that is settled for over $1,000,000 my guess is that there are 50 or more that are settled for less.

Statistics have very little to do with the value of your case.  Each case stands on its own facts.  But, these numbers indicate  it would be a mistake to assume that million dollar verdicts are a regular occurrence in Tennessee because the fact of the matter is they do not.

An experienced personal injury lawyer can help you determine a reasonable value for your case.

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Will my case actually go to trial?  I have a car wreck case and my lawyer says it will probably settle.

Statistically speaking , your case is very likely to be settled.  Well over 95% of cases are settled, especially car wreck cases.  

Cases settle because the litigation process includes an exchange of information that will permit each side to evaluate the other side's case.  

Will your case settle?  That is impossible to answer, because it depends on the facts of your case and the mindset of each person involved (including you).

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What are punitive damages?  How frequently are they awarded in Tennessee?

Punitive damages are awarded only in cases where the defendant acted intentionally, knowingly, maliciously, or recklessly.   Punitive damages are designed to punish the wrongdoer and deter both the wrongdoer and others from similar conduct in the future.  

In Tennessee one must prove they are entitled to punitive damages by "clear and convincing" evidence.  This is a higher burden than applies in the typical civil case, where liability and damages must be proved by only  preponderance of the evidence.

According to Tennessee Jury Verdict Report -  Year in Review 2010 there have been punitive damages awarded in only 59 jury trials in Tennessee in the last six years.  During that period, there were over 1200 jury trials.  Thus, you can see that punitive damages are awarded in a very small percentage of cases that go to trial.

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 I suffer from a disabling medical condition.  The federal government has determined that I am disabled and is paying me benefits.  However, I also have a private long-term disability policy and they have denied my client.  What gives with that?  If the government says I am disabled should the insurance company have to accept the government's determination and pay me under my insurance policy?

Unless your long-term disability insurance policy provides otherwise, the private insurance company is not required to accept the federal government's determination that you are disabled.  (It would be extremely unusual for a private insurer to have such a provision in the insurance policy.)

The insurance policy will have its own eligibility requirements for benefits under the policy, including an elimination period (a period of disability before you become eligible for benefits.)   You will have to meet those eligibility requirements to qualify for benefits even if you have requested and been approved for Social Security Disability Payments.

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I was in a car wreck yesterday.  It was probably my fault.  I looked at my automobile liability insurance policy and it says that I have liability limits of $300,000.  What does that mean?

It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $300,000 in losses and damages they suffer.  This is true whether one person is injured or five people are injured: the most the insurance company will pay is $300,000.

To the extent that a person injured in the wreck has claim worth more than $300,000 you are personally responsible for the amount of damages over $300,000 if the wreck was your fault. Likewise, if more than one person is injured and the total damages caused by your negligence exceeds $300,000, you are personally responsible for the amounts over $300,000.

Your policy also has a separate provision for paying property damage to the other driver's car if it is determined that the wreck was your fault.

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