In insurance, an actual-injury trigger refers to the occurrence of damage or injury that an insured person experiences, typically in a car accident. This event serves as the basis for activating coverage under an insurance policy. It is also referred to as an injury-in-fact trigger and distinguishes itself from other trigger theories like exposure theory and manifestation theory.
The term “actual-injury trigger” is used in insurance to describe the occurrence when an insured individual experiences harm or damage, such as in a car accident. This incident activates coverage under an insurance policy. For instance, if you have car insurance and are involved in an accident, the actual-injury trigger would be the moment of impact when you sustain injury or damage. This occurrence would then initiate coverage under your insurance policy. The actual-injury trigger is one of several theories employed to determine when an insurance policy is activated. Other theories include the exposure theory, manifestation theory, and triple trigger. However, the actual-injury trigger is the most commonly utilised theory in insurance claims.
The actual-injury trigger is a legal principle that determines when a cause of action accrues based on the actual occurrence of an injury or harm.
The actual-injury trigger can affect the statute of limitations by starting the clock on the time period for filing a lawsuit from the date the injury actually occurred.
Personal injury claims, medical malpractice claims, and other tort claims are often subject to the actual-injury trigger.
Yes, the actual-injury trigger can vary by state, as each state may have its own laws and statutes of limitations that determine when a cause of action accrues.
The exposure trigger focuses on the date of exposure to a harmful substance or condition, while the actual-injury trigger focuses on the date the injury or harm actually occurred.
Yes, the actual-injury trigger can apply to non-physical injuries, as long as there is a recognizable harm that has occurred.
Evidence such as medical records, witness testimony, and expert opinions may be used to establish the date of the actual injury or harm.
Yes, the actual-injury trigger can be tolled or extended in certain circumstances, such as when the injury was not immediately discoverable or when the injured party is a minor.
The actual-injury trigger can impact the burden of proof by requiring the plaintiff to demonstrate that the injury or harm actually occurred on a specific date.
If you believe the actual-injury trigger applies to your legal claim, it is important to consult with a qualified attorney who can advise you on the specific laws and requirements in your jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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