By John Byrnes
Those involved in automobile accidents would be surprised if they knew how different the laws related to these accidents is from other types of law. It’s a very unique area of law that requires a tremendous amount of expertise to give the best possibility of a positive outcome.
Understanding the basic complexity of this field of law will permit you to make better decisions regarding the hiring of an appropriate personal injury attorney.
Do you currently believe any of these myths?
1. Pain and suffering damages always apply if pain is experienced. Many states have very specific requirements that must be met by the injured party before he or she can recover any damages not related to economic concerns. Simply being in pain often isn’t enough. In some states you must have one of the following 3 conditions:
• Death – this is self-explanatory.
• Serious impairment – This is anything that affects one’s ability to live his or her normal life. What qualifies for serious injury can vary case to case. If you’re an artist, a broken finger might qualify. For most of us, it would not.
• Permanent and serious disfigurement – this refers to burns, scars, of other type of disfigurement that alters your appearance. The loss of a body part would also fall into this category.
2. I can get the maximum settlement from my insurance company if I’m stubborn enough. There are several factors that influence an insurance company’s approach to handling a lawsuit. These can include the seriousness and nature of the injuries, the insurance company’s policies, the company’s current financial status, the reputation of the judge, and the reputation of your attorney can call be factors. It is very challenging to determine the merit of your case on your own. Get the expert assistance you need to make the best possible decisions regarding your case.
3. It’s easy to get a multi-million dollar settlement if I have significant injuries. Numerous cases are thrown out without any compensation being awarded. Many of these plaintiffs have had serious, permanent injuries. The law is complicated and many insurance companies do all they can to avoid settling auto accident injury cases. A competent attorney is especially important when dealing with large insurance companies.
4. Every state has the same automobile injury laws. Many of the laws are very different from state to state. At least one state does not require automobile insurance for drivers (New Hampshire), while others require liability insurance. There are no-fault laws and at-fault laws.
• No-fault states require that your own insurance company pay for your economic losses, regardless of which party is at fault.
• At-fault states assign fault and then determine how much each party and each insurance company will pay.
Auto accident injury law is very unique and state specific. To ensure the best possible financial compensation for your injuries, lost wages, pain and suffering, contact an experienced automobile personal injury attorney to review your case.