Auto Accident Injury Cases – Common Myths
Whether it’s past experiences of a family or friend, media attention or general beliefs about litigation, nobody can predict the result of an automotive accident. Perhaps many drivers will be shocked to learn how different the law on auto accidents is from every other form of law in this country. This particular field of law shows that predicting the outcome of an auto accident case is impossible as some of the prevalent misconceptions associated with certain types of injury cases are clarified by experienced lawyers. Learn more by visiting Auto Accident Attorney in San Diego.
Myth 1: The Auto-Injury Rules in each State are the same
Insurance tariffs are governed by state-run agencies and differ widely between states. Some states require you to buy liability insurance, while others do not. Several states have the rule of no fault and others have the rules of at-fault. No-fault regulations appear to be commonly misinterpreted by people who figure out what is somewhat ambiguous about who pays for the data.
No-fault in its simplest terms means that a survivor of a car accident is entitled to such compensation, irrespective of the fault. For example, a person’s own auto insurance provider covers for the economic damage arising from his injury (medical costs and lost wages) after a car accident, regardless of the driver caused the accident.
At-fault states take into account who was at fault for an accident, and to what extent what person (and their insurance companies) would compensate for accidents and property damage when deciding what.
All these factors impact a case involving an auto accident including mediation deals, jury verdicts and even appeals.
Myth 2: I will gather pain and sustain harm simply because I am in pain
Some states have unique criteria that a survivor of an injured automobile accident must first overcome before she can recover non-economic (pain and suffering) damage from any car accident. That means being in pain is not enough to get compensation beyond the minimal economic harm such as medical costs and missed wages. The injured party must have suffered any of the three types of injuries in order to qualify for potential non-economic harm in some States:
- Extreme permanent disfigurement
- Body function severely impaired
“Death” is a very self-explanatory term. A “permanent extreme disfigurement” is the removal of a part of the body, scarring, burns or some other form of injury that affects one ‘s appearance outside. A “severe body-function disorder” is an injury that usually affects the capacity of the victim to lead his normal life. Even now, the concept of severe illness varies from case to case. For example, a broken finger does not have a significant effect on the lives of most people but it would be considered an essential body function for a professional bowler or violinist.
Myth 3: Payments of millions of dollars are easy if you get serious injuries
Auto accident lawyers have had several lawsuits thrown out with zero coverage for people with severe, life-altering injuries. With so many interpretations of the law and the effect of recent events with main cases before the Supreme Court of each jurisdiction, the regulation of auto-accidents continues to evolve. Auto insurance protection teams are using dirty tactics and being more violent with dangerous accidents, with the weak economy resulting in large losses for many insurance firms. — case is different, and you will not be given a particular award by a good lawyer.
Myth 4: My insurance policy will settle for a higher sum if I hold out long enough
The injuries and circumstances of a claimant may have a drastic effect on the ability of an insurance provider to settle an imminent lawsuit. There are various variables that can influence the compensation offer of an insurance firm including the internal business policy, the victim’s attorney’s credibility and the appointed judge’s track record. Discussing your particular set of circumstances with an auto accident lawyer will help you get a better understanding of the merits of your situation. And then, the show of erratic actions by auto insurance providers makes car accident laws one of the most difficult areas of law to understand and forecast.
Myth 5: Any lawyer who has personal injuries will deal with my case
The law that determines what is necessary for a good case of an automobile accident is always evolving. With frequent changes to the law on car accidents in each state, there is a lot of legal confusion for lawyers in general practise trying to understand what is needed to provide a case of “successful” car accident personal injury. Today there is no credible body of case law to guide lawyers handling cases of car accidents. This lack of a clear statute has frustrated many personal injury attorneys with contradictory rulings interpreting the automotive accident laws of each State.
That’s why finding a personal injury lawyer who is experienced in car accidents, truck accidents and motorcycle accidents is important. Bear in mind that in some jurisdictions, anyone who introduces himself as a personal injury lawyer does not need to have any formal credentials, training, certification or licence to claim that he is a personal injury lawyer indeed. But a lawyer who is experienced in car accidents and has experience in certain types of cases will be aware of the latest rulings and how they impact future litigations. Car accident attorneys also have more experience working with car insurance providers and understand how to fight their delay and refuse methods that are used arbitrarily and systematically on victims of accidents trying to sue.