Whether you have heard it from a friend, the news or a family member, there are a lot of assumptions about auto accident lawsuits. Unfortunately, most of these assumptions are false. Lawsuits after an accident is a unique area of the law that should be left to experienced attorneys, not rumors.
If you have not filed a lawsuit for the injuries you suffered in an accident, make sure it is not because you are giving into one of these common, but false, myths.
All States are the Same
Insurance rates are run by the state and the rules regarding automobile insurance is also determined by the state. Not all states mandate the no-fault rule, but those that do are not the same. While it does mean that a car accident victim is entitled to benefits, the benefits and caps on what they can receive also vary by state. Just because one state has a damages cap does not necessarily mean your state does.
Pain and Suffering is Easy to Collect—and Everyone Gets It
Pain and suffering does not apply if you were briefly in pain or inconvenienced in a car accident. And, most importantly, not everyone qualifies for pain and suffering compensation. In order to qualify, you must prove that you were in pain and suffered after, presently as well as in the future to get pain and suffering damages awarded.
Severe Injuries Always Equal Million Dollar Settlements
Serious injuries do not always mean million dollar settlements or a settlement at all. If you try to sue a person for your injuries without the assistance of an attorney, then you could risk losing it all. Auto accident laws are highly complex and not all lawsuits end up with millions of dollars. If you are injured or a loved one was injured, it is best to see an attorney to discuss your case.
Insurance Companies Will Eventually Offer a High Settlement
Holding out for insurance companies to come back with something higher is pointless. You are also on a ticking clock to file your suit. Insurance companies hope you will wait it out, and they hope you will give up. Insurance companies are in the business of making money; therefore, never assume your company (regardless of how long you have been with them) will ever offer a settlement high enough.