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Did you know that the vast majority of personal injury claims are settled before trial? Yet many accident victims don't know what to expect. At BAM Personal Injury Lawyers, we see how wrong info can hurt your chance of receiving financial compensation. claims
Personal injury law cases look very different in real life than on TV. Shows and ads about high-profile personal injury lawsuits promise huge payouts. These create personal injury myths for the injured party. When clients believe these myths, they make choices that hurt their valid claims. Let's look at some personal injury lawsuit myths that could damage your chance for rightful compensation.
The settlement process has a layer of complexity that isn't clear to most people. Many accident victims feel lost when communicating with insurance companies on their own. This maze of complexities can overwhelm anyone without legal advice. Knowing the truth about these myths can lead to a more positive outcome for your case.
Many think all personal injury victims get huge accident injury settlement amounts. The truth about injury lawsuit settlement amounts is very different. Settlement amounts depend on:
Minor injuries might get modest sums of money. Extensive injuries like spinal cord damage or traumatic brain injuries may deserve much more in damages for injury. Each injury case imaginable is unique. Our personal injury attorneys today fight for rightful compensation for every client. But are settled matches your actual damages—not what stories about trials on TV shows?
Many accident victims try to handle insurance claims alone to save on legal expenses. This personal injury advice often costs them more in the end. Studies indicate that claimants represented by a personal injury attorney receive significantly higher settlements. On average, they may obtain up to 3.5 times more money, even after accounting for attorney fees.
Insurance adjusters handle claims every day and know every trick. They use insurance tactics to keep the insurance payout as low as possible. Without a lawyer, you might miss important evidence or settle for too little money from those responsible. It's important to know personal injury laws and how blame is shared, as these factors can influence your case. We can find grounds for compensation you might miss, from doctor bills to payment for your emotional suffering.
Insurance companies want profits, not your full recovery. The adversarial nature of insurance negotiations means their goal is to minimize your insurance claim. Their first offers through an over-eager insurance adjuster are almost always too low.
We often see in our injury claims advice how insurance talks involve:
Before accepting an offer from a liability insurance policy, it's crucial to ensure it covers all expenses related to your injury. A personal injury attorney can help with this. We aim to clarify the process by thoroughly reviewing every aspect of your case. This ensures that any settlement you receive is fair and truly meets your needs.
TV shows love dramatic court trials. However, the trial reality is different - about 95% of personal injury lawsuits settle without reaching the trial stage. Trials extend the average time frame for resolution, add pocket costs, and no one can predict the outcome of the stressful trial process.
Some cases do need a trial. This happens when:
We prepare every case as if it will reach trial. This gives us leverage during insurance negotiations with the party accountable. The vast majority of cases reach a swifter resolution through settlement. But we're ready for court if needed to protect your legal options.
Many think financial compensation only covers physical injuries, you can see. This ignores the serious impact of emotional injuries and mental disorder issues. Mental and emotional effects like PTSD, anxiety, depression, and chronic pain are valid in personal injury claims.
A person who develops anxiety after a car accident may no longer be able to drive, significantly impacting their daily life. These hidden injuries and suffering claims deserve payment, too. We work with doctors for doctor visits and mental health experts to document both physical pain and emotional suffering in your case.
Waiting too long can bar you from getting any money from the liable party. In Utah and Idaho, there is a law called the statute of limitations. This law requires that most personal injury claims be filed within two years from the date of the injury. This deadline is very strict.
Some cases have even shorter time limits than the standard three-year personal injury statute in other states. Claims against government agencies must start within six months. There are few exceptions to these rules. Filing your claim on time is crucial for quicker recovery time of damages. Once the time window closes, your right to compensation is lost forever, no matter how strong your case was.
Having health problems before your accident doesn't stop you from seeking payment for personal injuries. Under personal injury law cases, the party responsible must take you as you are—including any existing health issues that might affect your percentage of fault.
If you had back problems that developed into life-changing injuries after a crash, you deserve payment for that increase in chronic pain. The key is documenting your condition before and after the accident. We work with medical experts to provide well-presented evidence showing how the accident affected your health. Hence, you get money from claimants for all related problems, including aggravated workplace injuries.
Small claims court seems to offer quicker resolution, but it has big limits for personal injury cases. In Utah, small claims courts cap recovery at $11,000, and in Idaho, the limit is $5,000. These amounts are often insufficient for most accident injury settlements, as out-of-pocket medical expenses can quickly exceed these caps.
You can't bring personal injury attorneys today to small claims court. This puts you at a disadvantage against insurance company representatives who handle insurance policies daily. These courts also limit what personal injury damages you can claim. Small claims might work for minor injuries with minimal medical expenses, but most legitimate injuries need proper legal representation in regular court to secure proper financial compensation.
After suffering personal injuries, having a good personal injury attorney can transform your recovery path. We handle tasks that most accident victims find overwhelming:
Good legal representation does more than fight for financial compensation. We shield you from the adversarial nature of insurance talks. We guide you through medical records and doctor bills. We give you peace of mind during a challenging time. Plus, you pay no out-of-pocket costs upfront—we only get paid when you receive your personal injury lawsuit settlement.
Many worry about legal expenses when considering advice for personal injury claims. Our payment system removes this worry. You pay nothing unless we win your valid claim. Studies about claimants with representation show that even after paying attorney fees, people with personal injury lawyers get more financial compensation than those handling insurance claims alone.
This value comes from our expertise:
Insurance companies track which personal injury attorneys take cases to the trial stage. They often offer higher insurance payout amounts to avoid dramatic court trials with these lawyers. Without this leverage, accident victims without legal advice often accept low settlement offers that don't cover their long-term needs for life-changing injuries.
Don't let personal injury myths about settlements stop you from getting rightful compensation. Remember, the vast majority of personal injury lawsuits settle without reaching the trial stage, saving you time and stress. Insurance adjusters regularly use tactics to minimize your insurance payout, which is why having legal representation typically results in higher accident injury settlement amounts.
It's crucial to understand there is a strict statute of limitations to file your valid claim on time. Waiting too long means losing your rights forever. Also important to note is that pre-existing conditions don't disqualify you under the comparative negligence rule - you can still seek compensation for worsened conditions.
At BAM Personal Injury Lawyers, we fight hard for accident victims with legitimate injuries across Utah and Idaho. We put our experience with personal injury law cases behind every injury case imaginable we handle.
The sooner you seek legal advice after suffering personal injuries, the better we can protect your legal options. We offer free consultations to discuss your case and explain your legal rights clearly. Contact our personal injury attorneys today to cut through the myths and secure the financial compensation you deserve for both physical pain and emotional suffering.
Kigan Martineau, a seasoned Partner at BAM Injury Law, is a champion for those injured in vehicular mishaps, including car, eScooter, and bicycle accidents. His legal journey is marked by notable victories against major trucking companies like Matheson, UPS, and Swift Transportation, where his strategic litigation has resulted in significant client settlements.
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