Personal injury claims from car accidents are common, yet they are often misunderstood. It is important to have a good understanding of the legal process when it comes to personal injury claims, as it can make a big difference in the outcome of a case. Unfortunately, there are a lot of misconceptions when it comes to personal injury claims from car accidents, and you should reach out to experienced Albuquerque car accident attorneys for consultation.
In this blog post, we will be discussing some of the most common misconceptions and how to address them. We will be talking about how common misperceptions can lead to mistakes that can have a negative impact on personal injury claims, and how to avoid those missteps. Additionally, we will discuss the importance of seeking legal advice from an experienced attorney when it comes to personal injury claims so that you can maximize your chances of a successful outcome.
1. Victims of car accidents don’t need to hire a lawyer
One of the most common misconceptions about personal injury claims from car accidents is that victims do not need to hire a lawyer. This is untrue, as even minor car accidents can have long-term legal and financial implications that can be difficult to navigate without professional guidance. By enlisting the help of an experienced attorney, victims of car accidents can ensure that all their legal rights are protected and that they receive the compensation they are entitled to.
2. The insurance company will offer a fair settlement
Unfortunately, this is often not the case. Insurance companies are not in the business of providing fair settlements to victims of car accidents; on the contrary, they want to pay out as little as possible. To ensure you receive a fair settlement, it is important to work with an experienced personal injury attorney who is familiar with the intricacies of car accident claims and can negotiate an appropriate settlement on your behalf.
3. Personal injury claims are always awarded
One of the most common misconceptions about personal injury claims stemming from car accidents is that they are always awarded. This is simply not the case. The decision to award a personal injury claim is based on the evidence presented and the applicable law of the jurisdiction. If a claimant is unable to prove their case, the claim may be denied. Additionally, the amount of compensation an individual is awarded is based on their individual circumstances and the damages they have suffered.
4. All medical costs are covered by the insurance company
This is not necessarily true. While the insurance company is usually expected to cover medical costs that are the direct result of the accident, they may not cover treatment for pre-existing conditions or any medical costs that are unrelated to the accident. Additionally, the insurance company may not cover the full cost of treatment, so it is important to be aware of your coverage limits and any applicable deductibles prior to receiving treatment.
5. Only physical injuries can be claimed
Many people believe that only physical injury can be claimed in a personal injury claim resulting from a car accident. However, this is a misconception. Beyond physical injuries, the affected individual may be eligible to claim a variety of damages, such as emotional distress and property damage, depending on the laws in their state. It is important to talk to a lawyer or insurance company to determine what damages may be eligible for claim in each unique situation.
6. You can’t claim for vehicle damage
One of the most common misconceptions about personal injury claims from car accidents is that you can claim for vehicle damage. However, this is not the case. Personal injury claims are designed to reimburse claimants for their physical and emotional suffering and are not intended to cover the cost of vehicle repairs or replacement. It is important to be aware of this distinction when filing a personal injury claim after a car accident.
7. You can’t sue the other driver
This is false. In most states, filing a claim against the other driver is not an option. Instead, you must file a claim with the other driver’s insurance company. The insurance company will then investigate the accident, including determining who was at fault and how much to pay for your medical costs and other losses. It is important to remember that insurance companies are for-profit businesses and their main goal is to minimize claims payouts.
8. You can’t claim for emotional distress
One of the most common misconceptions about personal injury claims from car accidents is that you can claim for emotional distress. Unfortunately, this is not the case. Generally speaking, you can only claim for damages that are a direct result of the car accident, such as medical expenses, lost wages, and property damage. While you may experience emotional distress following a car accident, this is not something you can legally seek compensation for.
9. You must file a claim within a certain time period
While the statute of limitations for filing a personal injury claim generally ranges from one to six years, depending on the state, it is important to act quickly. The longer you wait to file a claim, the more difficult it may be to collect evidence and build a strong case. Additionally, filing a claim too late can mean that you are effectively barred from bringing a claim at all.
10. The claims process is always lengthy and complicated
One of the most common misconceptions about personal injury claims from car accidents is that the claims process is always lengthy and complicated. In reality, the claims process will take some time and effort, but it does not have to be an overly drawn-out ordeal. With a qualified legal team at your side, you can ensure that your claim is handled in a timely and efficient manner.
Car accidents can happen to anyone at any time. It is important to understand your rights and how to protect yourself if you ever find yourself in such a situation. Many people have misconceptions about personal injury claims from car accidents, so it is important to educate yourself on the facts. Knowing the truth about these claims can help you get the compensation you deserve if you ever suffer an injury from a car accident.