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10 Common Misconceptions About Personal Injury Attorney

By Author: Mark Schiffrin
Total Articles: 2

When you are the victim of a dog bark or any other form of accident, you are often showered upon with a lot of pieces of advice and suggestions from your friends and relatives. This is pretty normal since your closed ones are usually worried about you. However, most of these pieces of advice are based on certain misconceptions about personal injury attorney. These misconceptions have been building up and reshaped again and again around for years.Some of these are based on beliefs that are no longer true.

Here are the top 10 common misconceptions about personal injury attorney:

It is easy to get the recovery amount in Personal Injury:
This is not that true. It is true that the victim must be able to provide proof of physical or emotional injury that was caused by the accident. This is a requisite for receiving the compensation.However, in case the injured person is proven to be more than 49 percent at fault in an accident, the damages cannot be recovered.

You can file a claim whenever you want:
There is a time-period restriction associated the filing of a claim. This time-period is referred to as the “Statute of Limitations”. In Florida, a claim for personal injury needs to be filed within two years of the injury. In case the victim fails to file a claim before the two-year statute of limitations ends, it might result in the injured person not receiving any compensation. This holds true even if the injuries were too severe.

In case the victim is not at fault, the Other Driver’s Insurance is responsible for paying your medical bills:
In general, insurance companies are not required to pay for medical expenses as they are incurred.However, the company might request that all bills are to be sent to them as they are received. Bills are usually sent to the injured person’s health insurance company and then to their auto insurance company for instant payment. Reimbursement of Medical bills is made by the insurance company of the person who is at fault. Whether the reimbursement is done in one lump sum to either the insurance companies or the injured person directly, depends on how the bills were paid initially.

Compensation is guaranteed where the other driver is at fault:
This is a very common misconception related to personal injury cases. In general, the other driver needs to be found at fault in a civil case so that compensation is considered. It does not matter who has issued the ticket. Also, if the driver who was ticketed is successful in proving that the injured person was more than 50 percent at fault for the accident, compensation might not be awarded at all. The victim might be found partially at fault if he was found not to be wearing a seat belt or had been drinking and their injuries were worsened due to their actions.

Hiring an Attorney might delay the settlement:
In case of a personal injury, it can take a good amount of time to settle a claim. In fact, most cases are settled in between eight and 12 months. One of the main causes is that insurance companies offer a low settlement amount in the few weeks after an accident. This implies that accepting the settlement will speed up the process. However, in reality, the insurance company still demands the documentation of the injury. Documentations are all the more needed in cases of injury with lasting effects. In these cases, the accumulation of this proof can take several months or even years depending on the nature of the case.

You can sue again in case you have some problems after the settlement is over:
The settlement usually includes a clause that there can be no further action taken as a result of the injuries sustained in the accident. So, you need to obtain as much medical information on the injury as possible to be sure that the injured person is compensated in the most deserving manner. It should cover current and future medical costs. That is why it is recommended to see a medical professional to determine any injuries that may not have been noticed immediately after the crash. Certain injuries take a few days to become apparent.

There is no need to hire an attorney since you can just work with the Insurance Company:
This is a misconception that can cause dangerous results if taken seriously. The insurance company usually tries to work directly with the injured person. It is a cunning strategy that they follow for their own benefit.So, make sure to consult with an attorney before giving detailed statements and definitely before accepting any settlement offers. Keep in mind that when you accept the settlement, you shall not be able to ask further for additional money even if injuries worsen at a later date.

Awards are based completely on the medical bills:
There are multiple factors that determine the award given after a personal injury claim. Some of the other factors include time lost from work, medical bills, loss of earning capacity and emotional distress.

Working in Court demands huge amount of time
It is a common concern that filing a claim with the courts implies more time off from work.This is because you shall be needed to fight the insurance company and another driver. The truth is that there is little or no court time when dealing with a personal injury claim. Most cases can be settled without court action.Cases are usually settled in one day that involves the injured party to appear before a judge.

Getting a case resolved involves a huge expense:
A majority of the genuinely professional pesonal injury attorneys accept personal injury cases on a contingency basis. This implies that their fee is a percentage of the settlement or verdict issued by the court. Such a fee arrangement helps the victim to avoid some extra expenses like copies, filing fees etc.

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