Top Misconceptions of Personal Injury Lawsuits
While many people believe that personal injury lawsuits are a fast payout, especially when the evidence is clear – it is not always the case. In fact, since personal injury lawsuits can come attached with a pretty large monetary compensation, it can take some time to ensure that the details of the case are factual and readily available. In most cases, even when the Plaintiff or victim, has clear and undoubted damage, the Defendant will do everything in their power to reduce their responsibility in the matter or eliminate it completely. With that being said, there are several other so-called myths of the personal injury world that everyone should be aware of, especially due to the fact that an accident can happen at any given time to anyone.
There are several factors that are considered in a personal injury lawsuit such as lost wages, medical expenses and compensation for the actual pain the accident caused to the victim. Since many of these factors can be hard to determine or gage to anyone but the victim, putting a price tag on them can be quite difficult. For this reason, many Defendants will try to present every individual factor that negates the claim you are making.
In some situations, the pain and suffering from a personal injury accident can surface long after the accident even occurs. While each state has their own statute of limitations for accident cases, it is usually safe to say that a victim only has a time period of two years after the date of the accident to legally initiate a lawsuit. Some cases may be hard to present after this time period ends, while others will be impossible.
In the event that the personal injury lawsuit is based upon a car accident, the most common misconception is that the driver at fault will automatically be responsible for the victim’s medical expenses. This is far from the truth. In fact in most cases, even a no-fault accident will still be held to some accountability for their involvement and may not always warrant a full compensation of medical expenses.
The fact is that being the plaintiff in a personal injury lawsuit does not automatically entitle you to compensation of any sort, nonetheless full compensation. Since each case is different it will be up to the judge to decide, based on the evidence presented, who is at fault and who, if anyone is entitled to compensation. For this reason, it becomes vital to have a personal injury attorney that is well-versed in the personal injury law and well prepared with the proper documentation to prove your case.
On the same token, however, since each case is different, it can be hard to pinpoint the average time frame that a personal injury lawsuit takes to settle. While some cases are settled and funded within 8-10 months, more complex cases can take years to settle. The more a party disputes the matter or the facts involved in the case, the longer a case may take to close. If the victim is expected to have future medical expenses, a judge can decide to adjourn the case for prolonged periods of time to ensure the medical expenses are accurately determined and awarded to the plaintiff.
Another common misconception of personal injury lawsuits is that there is multiple ways for a person to be compensated for their injuries. Unfortunately, this is also just a myth. In most states, as with most insurance companies, once you are compensated for your injuries through an insurance claim, you are required to waive your rights to pursue your lawsuit by any other means. This is another reason that personally injury lawsuits may take longer to settle, as all factors must be considered in order for a fair and reasonable compensation to be offered.
While you should never speculate any terms of your personal injury lawsuit, it is important to educate yourself as much as possible on your rights and the individual terms of the case. Consulting with a personal injury attorney is the best solution to ensure your injuries do not go unattended or neglected.
