MYTH: All Auto Accident Laws are the same, regardless of the state.
TRUTH: Auto accident and personal injury laws vary by state, so don’t assume the same rules apply to you that apply to your friends and family members in other states. For example, the statute of limitations, or the deadline by which you need to file your lawsuit, is 2 years from the date of accident in Arizona, but is as low as 1 year or as high as 6 years in other states. Some states are comparative fault jurisdictions, meaning a plaintiff can recover even if they were partially to blame for the accident. Other states are contributory negligence jurisdictions, meaning the plaintiff may not be able to recover if they are even 1% at fault for the accident. Take advice from your peers with a grain of salt, but know that you can consult with a personal injury attorney about the laws applicable to your case free of charge.
MYTH: If the Other Driver is given a ticket in an accident, the Other Driver is automatically “at fault”.
TRUTH: The other driver’s insurance company won’t automatically pay out all of your damages just because the insured was cited as “at fault.” They may choose to deny coverage, or deny coverage for some of your injuries. The insurance company may also argue that you were partially at fault for the accident, which is known as comparative fault. In that case, you and your attorney will need to find evidence that demonstrates that the accident was mostly or entirely the other driver’s fault.
MYTH: I can sue the “At Fault” driver’s insurance company if I am not able to settle my bodily injury claim.
TRUTH: If you are unable to reach a settlement agreement with the insurance company, you will actually be filing against the other driver as an individual. Their insurance will hire an attorney to represent them. Your damages may also be much higher than their insurance coverage.
MYTH: You DO NOT need a Personal Injury Attorney for your case.
TRUTH: Many accident victims are hesitant to hire a personal injury attorney because they charge up to one third or more of the settlement or trial award. However, a skilled personal injury attorney can get you a much higher settlement than you would’ve gotten on your own with no contingency fees deducted. An attorney will handle all the correspondence in your case, so you don’t miss any important communications or say anything that could hurt your claim. An expert attorney will find evidence you didn’t even think of to get you a higher settlement. A personal injury attorney doesn’t get paid unless they win, and the initial consultation is free. Call today for your free consultation to see what one of our experienced personal injury attorneys can do for you!