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Five Myths about Auto Accident Injury Lawsuits


Be it your friend(s) has experienced a car accident injury lawsuit, your media exposure, or certain assumptions about these lawsuits, predicting an outcome of an auto accident is not possible. This is an impractical approach towards an auto accident case. In the US, auto accident law is different than other types of laws in the country. So, the injury lawsuits against one auto accident cannot be linked or considered in another accident.

Following are the five common myths that people follow in auto accident injury lawsuits:

  1. Auto Injury Laws are the same in Every State:

Given the fact that insurance rates are regulated under the state-run agencies, the coverage and settlement plans vary from state to state. Prerequisite of law in some states demands that you have to buy liability insurance, whereas, in some states, you don’t buy. Similarly, few states follow ‘no-fault’ law while few states follow ‘at-fault’ law. Residents highly misinterpret the ‘no-fault’ law especially when they find confusion in who pays for what scenario.

  • No-fault Law: it indicates that no matter who is at fault, the victim is subject to benefits and redressal.
  • At-fault Law: on the other hand, it has to be determined who was at fault at the time of accident occurred and to what degree the victim is subject to redressal or compensation.

Such factors differ from state to state and affect the compensation offers, appeals, and the jury verdict.

  1. Being in Pain Means the Victim is Subject to Compensation:

There are certain specific parameters that an auto accident victim has to meet before claiming the non-economic compensations i.e. pain and suffering. Simply being in pain does not qualify the victim to claim for the recovery of the non-economic losses. In order to claim such damages, few states require that the victim has to suffer from the following damages:

  • Death: it is a serious and permanent loss
  • Impairment of Body Function: Injury which alters the victim’s ability to lead a normal life.
  • Serious or permanent disfigurement: Effects on the appearance of a body part such as burning, loss or severe scarring of the body

 

  1. You are Subject to Expensive Settlements:

Since there are so many interpretations about the law, auto accident law is amended continually. Moreover, the economic losses for insurance companies have led their defense teams to use deny tactics and take an aggressive approach towards non-compensation for the losses. So, every auto accident injury lawsuit is different even a good attorney cannot guarantee you an award or settlement for the losses.

  1. Waiting for Longer Means Settlement for Higher Amount:

The nature and severity of injuries, as well as circumstances, are deciding factors for the insurance companies to be willing to compensate for the losses. Moreover, the companies’ internal situation, the reputation of the attorney, and the performance of the assigned judge are additional factors that play an important role in insurance companies’ reimbursement.

So, before making any assumption about your case, consult a personal injury lawyer and discuss the chances of winning the case. In short, the concern of auto insurance companies makes this law comparatively more technical to predict and interpret.

  1. Any Personal Injury Attorney is Suitable for My Case:

Since the law regarding auto accident injury is constantly changing in each state, there are a legal uncertainty and complication of the case which a general practice lawyer needs to understand. There is no guiding body of case law to guide an attorney who is not expert of auto accident injury cases. this is the biggest reason that the victim should hire the services of a Fresno accident lawyer  who specializes in car accidents. Such legal experts also have a good experience of these types of cases and dealing with auto insurance companies, as well as knows about the latest developments in the relevant law.

The right legal advice from the very beginning will prove to be helpful in winning your case and getting compensated for the losses. If you ever happen to experience an auto accident, make sure you hire an attorney who particularly specializes in auto accidents.

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Law Offices Of Marc S. Ward, LLC. provide strong legal services for Criminal Defense & Personal Injury cases.

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