The Defendant's Insurance Policy Probably Covers the Jury's Verdict in a Personal Injury Lawsuit
One thing that may not be clear to people who are considering filing a claim or a lawsuit for personal injuries or a death from an accident is where the money comes from after a personal injury or wrongful death lawsuit and subsequent trial. I have heard people express concern about the defendant's ability to pay a claim or verdict in a personal injury or wrongful death case. Similarly, people have expressed concern about how a big claim or verdict would affect the financial condition of a defendant who caused a serious accident. The fact is that the financial resources of the defendant who actually caused the accident and resulting injuries or death really have nothing to do with the lawsuit or the money that is ultimately paid to the plaintiff. It is the defendant's insurance company that has set aside a certain amount of money to pay these claims for injuries or deaths. However, those same insurance companies want people to think that the defendant him or herself has to come up with the money to pay a personal injury or wrongful death verdict. Insurance companies know that a jury would be less likely to fully compensate an injured plaintiff or family member of a loved one killed in an accident if the jury thinks the individual defendant, or company defendant, has to pay the verdict as opposed to the insurance company who already has funds set aside for that exact purpose.
In a personal injury or wrongful death trial, the jury will never hear that the individual or company defendant has an insurance company that has paid for the defense lawyer and has funds set aside to compensate the plaintiff for his/her injuries or family member's death. The rules of evidence in Florida prevent such evidence from being mentioned at trial, and the insurance company paying for the defendant's lawyer(s) and the defendant's obligations want to keep it that way. However, keep in mind that in the majority of cases, it is not the defendant compensating the injured party but the defendant's insurance company.
