TO CAR ACCIDENT ATTORNEY MYTHS
HIRING AN INJURY ATTORNEY WILL EAT UP YOUR SETTLEMENT.
Hiring an injury attorney will generally get you a far more fair and reasonable settlement in a faster time. When you try to settle your own car accident case you don’t know what other cases are being settled for and you don’t know what can be unique about your case.
An experienced Utah personal injury attorney will get you better results because they have seen similar injuries and similar settlements. You will get faster results because the attorney’s staff will obtain the police report and treatment records, taking the stress off you.
THE OTHER SIDE WAS AT-FAULT, THEY WILL PAY AND I DON’T NEED AN ATTORNEY
Just because you were rear-ended or the other side was at-fault doesn’t mean the at-fault insurance company will pay all your damages and injuries. In fact rarely do you receive all your damages until you hire an attorney to properly present your damage claim and have the ability to prove it in a court of law if needed.
YOU CAN RESOLVE YOUR CAR ACCIDENT WITHOUT AN ATTORNEY
Technically yes, but insurance companies know 99.9 percent of people who don’t have attorneys have no idea how to fie a lawsuit to enforce their rights. As a result the insurance company will simple wait you out. They will say “take it or leave it.” “What are you going to do?” “File suit?”
Without an injury attorney on your side your injury claim is devalued.
I WAS PARTIALLY AT-FAULT THEREFORE I DON’T HAVE A CASE
In Utah you can’t be greater than 49 percent at-fault for causing the car accident. If you were 3 percent or 46 percent at-fault for the car accident you have a claim for compensation for your injuries.
Many t-bone, intersection or left hand turn cases can attributed fault to both drivers. Bearing some fault in a Utah car accident does not bar your injury claim.
CAR ACCIDENT INJURY LAWSUITS ONLY PAY FOR PHYSICAL INJURIES
Damages recoverable in Utah car accidents commonly are: (1). Medical bills. (2). Prejudgment interest. (3). Mileage to and from medical appointments. (4). Back lost wages. (5). Future lost earning capacity. (6). Permanent injuries, like amputations and scarring. (7). Temporary injuries that resolve under a year or so. (8). Future medical care.
PEOPLE WHO FILE PERSONAL INJURY LAWSUITS ARE FRIVOLOUS
Most people think that filing a lawsuit is frivolous until they are hurt. Then the understand the human impact a car accident can do and the often the lasting effects.
CAR ACCIDENT LITIGATION IS LONG AND DRAWN OUT
Clearly a lawsuit can take some time to resolve. When you hire an experience injury attorney who the insurance company knows will file a lawsuit and litigate to the bitter end you will get a better settlement and faster.
An experience car accident lawyer can value and settle your case faster than an unskilled divorce attorney who is handling your car accident case.
THE LAWYER THAT HANDLED MY DIVORCE CAN ALSO HANDLE MY CAR COLLISION CLAIM
Couldn’t be farther from the truth. Real working car accident personal injury attorneys don’t handle divorce and a little bankruptcy on the side. They specialize in injury work, proving up and capture damages for a fair and reasonable settlement.
The divorce attorney who handled your marriage breakup will not have the specialized understanding of medicine or the ability to hire the best expert witnesses you need to prove up your case.
IT’S NOT WORTH FILING A CLAIM AGAINST FAMILY/FRIENDS
When your husband rolls the family car and hurts you and the kids it is worth making a claim for your injuries. Remember, this is just an insurance claim for injuries caused by your family member. You are not suing them. This is what insurance companies signed up for, to cover mistakes that hurt people.
One sad story was a young mother who was drunk, rolled her car and hurt her 9 month old baby. She got a criminal defense attorney for her DUI, but failed to march the child into a personal injury attorney’s office for adequate and fair compensation for the child against her car insurance company.
IF YOU HIRE A CAR ACCIDENT LAWYER YOU WILL BE IN COURT CONSTANTLY
No. Most car accident cases are not filed in court. Those that are filed lawsuits settle. There are very few court hearings in litigated car accident cases. With litigation you can expect the following hearings: (1). They may take your deposition. (2). They may ask you to attend a defense medical exam in-person. (3). You will have to answer written questions. (4). Civil jury trials for car accident cases are few and far between. They normally last three days.
THE COURTS ARE BOGGED DOWN WITH PERSONAL INJURY CASES
The courts are slow by their nature and not because of a ton of car accident cases being filed. Most Utah district court cases are filled with criminal, family law and debt collection cases.
THE OPENING OFFER BY THE INSURANCE COMPANY IS THEIR TOP OFFER. NO POINT IN HIRING AN ATTORNEY
False. So many first offers end up in policy limits cases later. What really happens is that an insurance adjuster receives your demand package for a money settlement. The adjuster reviews and places a reserve on the case, meaning the insurance company sets aside an amount of money they feel will cover the claim in the worst case scenario. Then the adjuster places range value on your claim. The range starts on the low end and has a top end where which is approved by their supervisor. The adjuster can’t go above their top range or they will be disciplined.
The opening offer is normally just the bottom of the adjuster’s range values for your case.
FILING A PERSONAL INJURY LAWSUIT IS EXPENSIVE
Here are the typical cost associated with filed lawsuits in a Utah car accident case that do not involve expensive or heavy expert witness costs.
(1). $375 filing fee. (2). $100 or so service fee. (3). $400 deposition transcript cost. (4). Some of your time to answer written discovery, attend a defense medical exam and for your deposition to be taken. (5). If not settled out of court, then mediation or arbitration fees around $600.
I CAN FILE A PERSONAL INJURY CASE ANYTIME
No. Utah’s typical car accident statue of limitation is 4 years. The general 4 year statute of limitation is riddled with exceptions and other shorter statutes. Always, always call an experienced personal injury attorney when dealing with statute of limitations issues.
HOLDING OUT IS ALWAYS BEST TO GET A FAIR SETTLEMENT
When you hire an experienced injury attorney they will know when the first offer or second offer is a fair and reasonable offer. If you hire an inexperienced attorney who mostly does divorce and some bankruptcy they will not know if the early offers are reasonable and possibly send you down a long litigation road for nothing.
MINOR INJURIES DON’T WARRANT A PERSONAL INJURY LAWYER
False. Most real working injury attorney have a case load full of cases $25,000 or less.