Most people involved in a personal injury claim have never experienced the process before, and as such, they are naturally unfamiliar with the way the legal system works related to such cases. It comes as little surprise that misconceptions and misinformation abound.
Below are a few of the most common myths associated with personal injury claims—and the truths behind them.
MYTH: It’s easy to secure money in a personal injury case.
Yes, you have the right to seek compensation for any damages you incur or will incur because of your injury. These damages include medical costs (ambulance transportation, hospitalization, emergency room bills, surgeries, prescriptions, ongoing treatments and rehabilitation), lost wages due to your injury and compensation for your pain and suffering.
However, it takes more than a quick phone call for you to recover your compensation. Depending on the circumstances of your case, it could be a process that becomes drawn out over the course of many months. Although some cases are simpler than others, no case is an “easy” one that gets you a quick chunk of cash.
MYTH: You can file your personal injury claim any time you want.
You must file your claim within the statute of limitations for your specific type of injury case. In New York, there is a two-year statute of limitations on most personal injury cases, meaning you must file your claim within two years of the date of the injury or the date you discovered (or reasonably should have discovered) your injury.
MYTH: You are guaranteed to recover compensation in your case.
Unfortunately, there is no such thing as guaranteed money when it comes to personal injury claims. If you have a case that is well-backed up by facts and witnesses and documentation you stand a very good chance of recovering money, but you do not have any automatic right to compensation just because you have been injured in a crash.
MYTH: If you are not successful with a claim, you can try again.
Once a verdict has been entered by the court, the result is almost always final. Additionally, any settlement agreement you reach is also final. By settling with the insurance company, you waive your right to pursue additional compensation related to the matter.
MYTH: You do not need an attorney.
Only by working with an attorney can you ensure you have a full understanding of the issues involved with your case and the timelines to which you’ll need to adhere.
For more fully accurate and detailed information about how to proceed with a personal injury claim, consult a knowledgeable New York taxi accident lawyer with the Law Office of Evan W. Kohn.