10 Common Misconceptions of a Personal Injury Claim

Nov 20, 2021 | Personal Injury

personal injury law suit misconceptions

What You Need To Know If You Find Yourself In The Midst Of A Personal Injury Claim

Personal injuries after a major car accident can easily leave injured parties with accumulating medical expenses at a time when they might also be dealing with a decrease in earnings as a result of their injuries. Yet sadly, many individuals are dissuaded from getting legal representation and pursuing an injury lawsuit because of common misconceptions concerning the personal injury claims procedure. This article is intended to set the record straight regarding such misconceptions and motivate anyone to talk about your claim with us so we can fight for the compensation you should have.

#1: If I Need The Money, I Can Settle Prior To Completing Medical Treatment And Reopen The Case Later If Necessary

Incorrect. While you do not need to wait for injury resolution before settling your claim, doing so risks not receiving full compensation for the true scope and extent of your injuries. Once you sign a release in exchange for any money paid to you, you are normally precluded from pursuing additional claims later. Waiting for a complete assessment of your injuries is the only way to make sure you receive the full amount of compensation you deserve.

#2: If There Is Insuance, I Am Assured Full Compensation For My Losses Arising From A Personal Injury Accident

Untrue. Due to the potential of disputes over liability or due to the lack of adequate limits of insurance coverage, there really are zero guarantees that accident victims will obtain any kind of or all the compensation they really need. However our team will happily advise you regarding your remedies and the possibilities of succeeding in your personal injury claim.

#3: Personal Injury Cases Regularly End Up In A Long, Drawn-Out Trial

Incorrect. Actually, the majority of personal injury claims are resolved outside of trial by means of negotiations among the parties involved. It is often in the best interests of the participants to settle in good faith. Our skilled personal injury lawyers at Franklin D. Azar & Associates are often able to obtain an out-of-court resolution that avoids the risks, delays, and uncertainty of a trial.

#4: I Do Not Really Need An Attorney To Represent Me With Regard To A Personal Injury Case

Even though you are certainly not obligated to employ an attorney, personal injury lawsuits can be difficult and complicated. In the event that you say or do the incorrect thing, your lack of experience can easily cost you. Allow our law firm to assist you through the procedure and aid you in obtaining the personal injury compensation you should have within a reasonable time frame.

#5: The Motorist That Struck Me Got The Ticket Which Should Help My Claim

False. The jury will likely never be informed that the other driver received a traffic ticket for your accident or has received other traffic tickets in the past. Under a statute in Colorado, this particular type of information is not admissible in a civil jury trial concerning the damages resulting from the accident.

#6: The Person That Hit Me Possesses Sufficient Insurance Coverage For My Damages, So I Can Sue That Insurer If It Doesn’t Pay

Incorrect. In Colorado, an accident victim normally can file a lawsuit just against the at-fault party and cannot sue the insurance company for that party. Additionally, in trial the jury cannot be advised whether or not a party has insurance to pay your losses or whether or not they have any type of coverage whatsoever. The jury is to determine the case with no knowledge as to whether an insurance company is going to pay the verdict.

#7: My Health Insurance Already Paid My Medical Bills Or My Employer Paid My Lost Earnings, So I Am Not Entitled To Compensation For Those Losses

Not true. The benefits provided by other sources (known as “collateral sources”) normally do not reduce the compensation that the at-fault party should pay. Because you pay for your health plan and earn lost wage benefits through your work, the at-fault party does not get a reduction in the damages owed because of benefits that you paid others to receive. Those losses may be still included in the claim against the at-fault party.

#8: The Other Motorist Was Definitely Responsible And Has Insurance Coverage, So His Insurance Company Will Assist Me In Paying My Ongoing Medical Expenses

Incorrect. An insurance company providing liability coverage to someone else typically will not advance any funds to help you pay your medical expenses while you are receiving treatment. Prior to reaching a final settlement or having a judgment entered by a court, liability insurance coverage does not have to pay you for your medical costs.

#9: I Feel Awful Regarding What Occurred, And I Want To Go See The Other Person Who Is Currently In The Hospital, But Visiting Him Will Hurt My Case

If you find yourself in an accident with somebody, specifically if it is a devastating collision resulting in serious injuries, and you feel like dropping by the hospital to see him or her, or giving a card or flowers, then feel free to do this! We are all human, and frequently are afraid lawsuits could hinder us from doing the appropriate thing. No matter who is at fault, often a simple contact with the other person so as to display to them you are certainly worried will go a very long way to calm everybody down and help make all things easier in the future. Just be careful in what you say so that your sentiments are not construed as an admission of fault on your part if that is not true.

#10: The Jury Will Take Into Consideration How Much Money I Will Have To Pay My Lawyers And Provide Me Funds Above And Apart From My Losses

Not true. The jury is not instructed to award your attorney’s fees as part of the damages, as the law provides that generally the parties pay their own attorney’s fees regardless of who wins or loses the trial.

These are simply a handful of questions and answers concerning the usual misconceptions that relate to personal injury cases.

If you find yourself with a personal injury claim, or are thinking of filing a lawsuit on such a claim, you really need an attorney that understands the legal system and understands the best ways to navigate around it!

Photo Credit: Clyde Robinson from flickr.com