Car accidents are stressful and overwhelming. Whether dealing with medical bills, lost wages, or emotional distress, victims often find themselves facing a complex process when seeking compensation. However, myths about car accident lawsuits can seriously hurt your claim if you do not pay attention to them.
Before we talk about these myths, let’s discuss why these car accidents are such a serious problem to begin with.
According to the World Health Organization as of December 2023, approximately 1.19 million people die each year as a result of road traffic crashes. That’s a big number, which leaves several people injured, and in more serious cases, even dead.
9 Myths About Car Accident Lawsuits That Could Hurt Your Claim
Unfortunately, there are many common myths about car accident lawsuits that can negatively impact the compensation you receive.
Moreover, believing these misconceptions can result in denied claims, minimized payouts, or unnecessary legal hurdles.
If you want to understand what’s at stake, we recommend reading through this article. Knowing the truth behind these myths is crucial for anyone involved in a personal injury lawsuit. Once you start debunking these misunderstandings, you can make better decisions and protect your rights.
Myth 1: You Don’t Need a Personal Injury Lawyer for a Car Accident Claim
One of the most common misconceptions is that hiring a personal injury lawyer is unnecessary. Many people believe they can handle their personal injury claim independently, especially if the accident involved minor injuries.
However, insurance companies often try to minimize payouts, and without legal representation, you may not receive fair compensation.
A personal injury attorney understands the legal proceedings involved in motor vehicle accidents. They can negotiate with the at-fault driver’s insurance and ensure you recover damages for medical expenses, lost wages, and emotional distress.
Most personal injury lawyers work on a contingency fee basis, meaning you don’t have to worry about upfront costs. Moreover, these lawyers can help you with the 7 steps to take right after a car accident to ensure better compensation, which is a plus.
Myth 2: If You Have Minor Injuries, You Don’t Need to File a Claim
Another myth is that personal injury cases are only for those with a severe injury, such as a brain injury or broken bones. However, even minor injuries can lead to long-term complications. Soft tissue injuries, whiplash, and internal damage may not appear immediately but could require ongoing medical care.
In other cases, especially involving pedestrian accident lawsuits, even a minor accident can result in significant compensation with the assistance of an experienced accident lawyer.
Remember: filing a personal injury lawsuit ensures you receive compensation for all medical bills, including future treatment. The at-fault driver’s insurance might argue that your injuries aren’t serious enough to warrant compensation, but having a personal injury attorney strengthens your case.
Myth 3: The Insurance Company Will Offer a Fair Settlement
Many people trust that the insurance company will provide a fair settlement. However, insurance adjusters work to minimize payouts and protect the company’s bottom line. They may downplay your injuries, dispute liability insurance coverage, or delay payments.
Having an experienced personal injury lawyer on your side helps counter these tactics. Your attorney will review the police report, witness statements, and medical records to build a strong case.
They will ensure you seek compensation for all damages, including lost wages, medical expenses, and punitive damages if applicable. Similarly, if the responsible party does not have a valid driver’s license, victims may be awarded higher compensation, and the at-fault party may face harsher penalties.
Myth 4: You Must Give a Recorded Statement to the Insurance Adjuster
After an accident occurs, the at-fault driver’s insurance company may ask for a recorded statement. Many victims believe they are required to comply, but this is not true. Anything you say can be used to dispute your claim.
Instead, it’s best to consult a personal injury attorney before speaking with the insurance company. Your lawyer can handle communications to prevent you from inadvertently admitting fault or jeopardizing your case.
Note: This is also a great option if you’re a victim of a truck accident and want to settle the lawsuit successfully.
Myth 5: If You Admit Fault, You Can’t Recover Damages
Admitting fault at the scene of the accident can be detrimental, but it doesn’t necessarily mean you can’t recover damages. Many factors contribute to a car accident, and the police report, witness statements, and accident reconstruction may show that the other driver was also negligent.
Comparative negligence laws in some states allow victims to recover compensation even if they were partially at fault. A personal injury lawyer can assess the evidence and determine your eligibility for compensatory damages.
Myth 6: Car Accident Lawsuits Take Too Long and Are Not Worth It
Many people avoid filing a claim because they assume legal action takes years to resolve. While some cases can take time, many personal injury lawsuits settle outside of court. An experienced attorney can negotiate with the fault driver’s insurance to reach a fair settlement efficiently.
Even if a case goes to trial, it may be necessary to obtain fair compensation for medical care, lost wages, and other damages. The right legal representation can streamline the process and ensure a timely resolution.
Myth 7: You Can’t File a Claim If the Other Driver Doesn’t Have Enough Insurance
Underinsured motorist coverage (UIM coverage) is designed to protect victims when the at-fault driver’s insurance isn’t enough to cover damages. Many drivers believe they can’t file a claim if the other driver lacks sufficient liability insurance, but UIM coverage allows victims to recover compensation from their own insurance policies.
A personal injury attorney can help determine if your policy includes UIM coverage and guide you through filing a bodily injury claim.
Myth 8: Personal Injury Lawsuits Are Just Frivolous Lawsuits
There is a misconception that personal injury lawsuits are only for people trying to exploit the system. In reality, car accident lawsuits are essential for victims to receive compensation for legitimate injuries and financial losses.
Medical bills, lost wages, and emotional distress are real consequences of motor vehicle accidents. Pursuing a claim is not about seeking excessive compensation but ensuring financial stability after an accident.
Myth 9: You Have to Pay Attorney Fees Upfront
One major deterrent for victims is the fear of high attorney fees. However, most personal injury attorneys work on a contingency fee basis. This means they only get paid if you win your case. This arrangement makes legal representation accessible for all accident victims.
A free case evaluation allows you to discuss your case with an attorney before making any commitments. This helps you understand your rights and legal options without financial risk.
Final Thoughts
Believing in common myths about car accident lawsuits can hurt your claim and prevent you from receiving the compensation you deserve. Insurance companies often attempt to minimize payouts, and without legal representation, you may fall victim to their tactics.
We recommend hiring the right legal team for your car accident lawsuit. A car accident attorney at Bourassa Law Group can better guide you regarding your case, ensuring that you receive fair compensation for medical bills, lost wages, and other damages.
If you or a family member has been involved in an auto accident, don’t let misconceptions prevent you from seeking justice. File a claim and protect your rights today.
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