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Top Personal Injury Law Myths That Can Prevent You from Taking a Rational Decision in Times of Need

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Most people interact with lawyers infrequently and even when they do; it is usually when they are stressed out due to problems like accidents, medical issues, or even the death of a loved one. On top of that, they may have to deal with conflicting legal opinions or offers of low settlements by the insurance company. Since, generally, people have a poor idea of how the legal process operates and lawyers work, their thinking is often clouded by the numerous myths surrounding personal injury lawsuits that can make it very difficult for them to arrive at decisions that are in their best interests. Some of the top personal injury law myths dispelled:

Myth #1: It Is Costly to Hire a Personal Injury Attorney

This is a very common misconception because most people know that law is a very lucrative profession and many news reports mention mind-boggling fees that the top lawyers charge. Lawyers have several methods of charging for their services, and many lawyers who specialize in family law or criminal law do charge steep upfront fees. However, as far as personal injury law is concerned, lawyers typically work on a contingent fee basis. This means that the lawyers only take on cases that have sufficient potential for winning free of any initial charges. The practice is to deduct the fees from the award or settlement.

The client does not need to pay any money upfront to the lawyer who gets paid for his efforts only when he manages to win the case. The environment is so intensely competitive that many lawyer firms foot the expenses of fighting the case on their own and get paid only upon being successful. The good thing about this method of charging apart from the fact that clients do not have to worry about spending money is that the attorney will only take cases that are winnable and then go all out because he is spending good money from his own pocket.

Myth #2: Personal Injury Lawsuits Can Take Very Long to Conclude

Many people who have suffered serious injuries from accidents are unwilling to file lawsuits simply because they think that the process will be so long drawn out that it is pretty much a futile exercise to waste so much effort and time instead of going ahead with normal life after recovering from the trauma. The time required to conclude lawsuits depends on several factors like the type of the accident, the complexity of the case, the number of people affected, the potential damages, the severity of the injuries sustained, the caseload of the courts in your jurisdiction, and above all, the willingness of the parties to settle.

Even though it is impossible to predict the time a particular case will take to conclude, data suggests that most cases are concluded with a couple of years or even earlier, without having to undertake a prolonged court battle.

Myth #3: If You Have Insurance, You Don’t Need to Hire a Personal Injury Attorney

Just because you may have spent good money purchasing an insurance policy for covering claims for accident injuries, medical malpractice, etc., it does not mean that there is no necessity of hiring personal injury lawyers. It is important to understand that insurance companies make a profit only when they reduce their compensation payouts as much as possible. Insurance companies are not looking out for you, that is why they will invariably try to either refuse to entertain the claim due to technicalities or attempt to settle the case with a very low payout. With a lawyer by your side, you will invariably be able to secure a better settlement than what you would have managed by yourself and also be in a better position to take it up in the court if a mutually-acceptable settlement is not possible.

Myth #4: You Can File a Personal Injury Lawsuit Any Time You Like

This is, unfortunately, such a common misconception that many people with deserving personal injury claims are not able to file their lawsuits due to the statute of limitations applicable in British Columbia. Even though typically, you have two years to file a lawsuit, in some cases, the time allowed is shorter while in others, it is longer. For example, if you wish to claim compensation from a government municipality, you must serve them notice within two months and commence your claim within six months. However, if you were involved in a car accident and intend to claim Part 7 benefits like lost earnings, medical and rehab expenses, and funeral and death costs, you need to notify ICBC within 30 days and apply for the benefits within 90 days. If some other driver was at fault but has fled the scene, you have only six months to notify ICBC. However, in case you do not become aware of your injury or there is some other compelling reason that has made it impossible to file a claim, you can have as many as 15 years to file the claim.

The clock starts from the “discovery date”, which in most personal injury cases, is the date of the accident though there can be different interpretations depending on the circumstances of the accident. If you have been receiving Part 7 benefits from ICBC but wish to start a lawsuit, you have a maximum of two years from the date of the accident or the last date, on which you received an ICBC benefit payment, whichever is later. However, if the person who suffered the injuries is under the age of 19, the two years limit starts only from the 19th birthday. The time limits do not apply to legally disabled persons.

Myth #5:  You Can Get Larger Settlement by Holding Out

Settling out of court requires advanced negotiation skills and a fine understanding of the motivation and compulsions of the defendant’s insurance company. There is no one-size-fits-all strategy; however, refusing to settle run-of-the-mill personal injury cases that not of very high value will not lead to a higher settlement since there are plenty of precedents to go by. It is only when the case is very complicated or is a class action that has a potentially disastrous outcome for the defendant if it goes to court that the ploy of holding out and negotiating hard may work to good effect. Sometimes, holding out does not pay off simply because the insurance companies usually have far deeper pockets and can afford to wait it out till you become tired and are ready to accept whatever is being offered.

Myth #6: You Can Keep on Appealing for Larger Awards

Unfortunately, if a court has heard and decided on your claim, the decision has to be considered as being final and you cannot appeal against it. Similarly, if you have agreed on a settlement with the insurance company, you do not have any more right to seek additional compensation. This is the prime reason why you should not try to negotiate with insurance companies by yourself and instead hire a competent and experienced personal injury attorney who can negotiate better or even proceed to trial in the court of law.

Myth #7: It Is Not Worth Making a Personal Injury Claim for Minor Injuries

It is all too easy to dismiss minor injuries. However, what may look like superficial injuries may actually be hiding some really serious stuff that may become evident days, months, or even years after the event. The pain might increase requiring intensive treatment, advanced diagnostic tests, and even surgery that can put you out of action for months. This can cause loss of earnings, you may not be able to eat, dress, or bathe on your own, or suffer from emotional trauma. Quite often even the treatment and associated costs for “minor injuries” can mount up quickly and easily leave you poorer by thousands of dollars.

According to https://www.cdc.gov, each visit to the ER by a victim of a car accident costs around $3,300. More startlingly, a person can expect to pay on an average nothing less than $57,000 over his lifetime in hospitalization costs for each accident. As much as three-quarters of the cost is incurred in the first one and half years after the accident! If you have been injured in an accident that was caused due to the fault or negligence of a third party, you should immediately document the injury by visiting a doctor and getting yourself treated. Ensure that you discuss the incident with an experienced personal injury lawyer to get an expert opinion on whether there is any potential for making a worthwhile claim.

Conclusion

If you have been wounded due to the deliberate or carelessact of someone else, you should actively think about claiming compensation in a court of law. It is very important not to get distracted by misconceptions regarding various issues of hiring personal injury attorneys, negotiating with the opposite party’s insurance company, or the processes of law. Instead, you should seek out an experienced personal injury lawyer who can advise you on the best course of action.



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