There are many people who have false beliefs about personal injury cases. They may have seen certain scenarios in movies or TV shows to lead them to believe these myths, or maybe they were told stories from friends or a family member. We address some of the most common personal injury myths in the following blog. Many of them may surprise you.
No matter what your beliefs are, make sure to consult with a qualified personal injury lawyer in New York if you're involved in an injury case. An experienced lawyer can guide you and explain your options. Don't assume anything.
Brandon J. Broderick, Attorney at Law is one of the top personal injury law firms in New York. We've helped many clients obtain the compensation they are legally entitled to.
We are one phone call away.
You Don't Need A Lawyer In No-Fault States Like NY
States that follow no-fault insurance states, such as New York and New Jersey, mandate that drivers have valid personal injury protection (PIP) insurance. If you are a car owner and have PIP coverage, your own PIP insurance would be the first to pay for your medical costs — this applies to all parties involved in the collision. Each passenger, including the driver of the vehicle you were riding in, would first go through their individual PIP insurance.
Due to this law, most people believe your own insurance will compensate you fairly and there will be no issues. Unfortunately, this isn't always how it plays out. For various reasons, insurance companies may attempt to undervalue or reject your claim, even if it's your own insurance. Also, PIP coverage may not be enough to pay all of your damages in the event of a serious injury.
With the help of a personal injury attorney who has experience in auto accidents and PIP arbitration, they can help you get fair compensation, even in states that follow no-fault laws. Without legal help, you could get substantially less in your settlement.
Wait For A Settlement Offer Before Consulting A Lawyer
After the accident, your insurance company can offer you a lump sum settlement in hopes that you'll settle quickly. You should think about a few things before accepting the settlement, even if it may be tempting to get money quickly. If you accept a quick settlement, you forfeit the right to file for additional compensation. While recovering, some injuries can take time to manifest fully, leading to future medical costs down the road.
It's highly recommended that injury victims consult with a personal injury attorney to understand what your options are and what the value of your claim should be. Also, the longer you wait after an accident, the harder it might be to gather relevant evidence. Memories fade as well. The faster you can talk to a lawyer, the better your chances are.
All Lawsuits Go To Court
In lawsuits filed on TV or in movies, you see courtrooms. Despite the "threat" of a trial being used as a negotiating tool, the majority of personal injury lawsuits are settled out of court in real life. Having said that, an experienced personal injury lawyer will have trial experience and not hesitate to take a civil case all the way to trial if necessary. A jury or judge-led trial may be the best option in some cases, but it does not happen very often.
It's Not Worth Speaking To A Lawyer If You Suffer Minor Injuries
You do not need to suffer serious injuries to demand fair compensation for your injuries and losses. Furthermore, you may believe you have suffered a minor injury, but it is much more severe than first believed. Whiplash, for example, can result in headaches and persistent neck pain, both of which can be extremely painful and develop over time.
Never minimize or discount your injuries as trivial. Seek medical attention and discuss your options and rights with a lawyer.
Insurance Companies Try To Be Fair
Insurance adjusters are taught to be kind, understanding, and comforting when speaking to injury victims. By doing this, they build a relationship with you and can discourage you from contacting a lawyer. To win your trust, they can say something like "we accept responsibility" or "we believe you." Always keep in mind that an insurance company is a profit-driven business. Their objective is to settle cases for the least amount possible.
A lawyer can engage with an insurance company on your behalf to ensure you are compensated fairly.
At-Fault Parties Pay Out Of Their Own Pockets
If you are injured in a car accident as a passenger and it was your friend or a family member driving, you may be hesitant to file a claim against them because you think they're responsible for your injuries.
This myth is not true. If you file a lawsuit, the at-fault person will not suffer financially. The settlement or payout is often handled by the insurance of the party who is at fault.
Hiring A Personal Injury Lawyer Is Expensive
Insurance companies want people to believe that personal injury lawyers are greedy and should not be trusted. If you believe this myth, the insurance company wins. Attorneys specializing in personal injury cases are essential in ensuring that negligent parties are held responsible and that just compensation is received for all damages, including non-economic pain and suffering damages, medical expenses, and lost wages.
The important thing to realize is that most NY personal injury lawyers work on a contingency basis, which means that they are not paid anything until they have resolved your case.
The most typical fee in New York for a personal injury lawsuit is for the lawyer to take 1/3 (33.33%) of the settlement sum as payment. This is practically standard across the board.
Need Help With Your NY Personal Injury Case? Call Brandon J. Broderick, Attorney at Law Today
The attorneys at Brandon J. Broderick, Attorney at Law in New York are experts in workers' compensation, car accidents and all types of personal injury cases. With decades of expertise, our top-rated lawyers will fight for fair compensation and make sure the case is resolved amicably.
For a free consultation, call us today. We are ready to help you.