Thursday, 6 September 2012

Misconceptions of Personal Injury Cases

By Kenny Longhorn


There are many myths that surround the personal injury laws. Many people have misconceptions of what is and isn't in this field. In the following paragraphs I will explain and clarify those more thoroughly.

I only have liability Insurance so I am not covered for my accident expenses:

If you have car insurance in the state of Minnesota, then you have no fault coverage. This coverage will pay for medical bills, medical mileage, wage loss, and replacement services. This is why it wise to consult with an attorney who can tell you what you are entitled to and what you are not entitled to.

A No Fault claim will raise my insurance rates:

If you need to use your no fault for coverage this will not raise your rates. That only occurs if there is a liability payment and you are found more than 45% at fault.

"Everyone is at least a little at fault."

This must be the greatest insurance statement ever. They maintain that the person responsible has no liability at all and that some of the blame (10-25% of it) should be put on the people who were just there. There's no law supporting that idea. They just put this out in court on the off chance that the jury will reduce payments on property damages.

I can't use my No Fault coverage if I am at fault:

It doesn't matter how the accident took place. If it involved a vehicle and the claim is reasonable, necessary, and related, the bill should be paid.

"Lawyers are expensive and I do not have money to pay for one."

In personal injury cases, attorneys get paid out of what is recovered, so clients do not pay anything upfront. The law firm also pays for the initial costs that are involved in bringing the claim. So in essence, unless your attorney can successfully make the insurance companies pay you, you will not have to pay anything.

"I will do better if I take the insurance company's offer." In some instances, the insurance company will try to offer an out-of-court settlement in consideration of what the case justifies. But they are just taking advantage of you not having a lawyer. The offer they are proposing should take into consideration what you would have paid a lawyer and other costs involved.

"I will have to go to trial."

Most cases settle. Therefore trials are very rare.

"It doesn't matter who you hire for an attorney."

Never fall into this kind of thinking. Lawyers specialize. You have divorce lawyers, criminal lawyers, etc. So it's a given that there are personal injury lawyers whose skills have been honed by years of experience in handling such cases. You gain better results from them than getting a lawyer whose specialty is something else.




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