Getting into a car accident is one of the last things you’d want happening to you but even if you’re the world’s most careful driver, you could still get in one because of the fault of others. After all, you really have no control over how others drive and act on the road.
Aside from seeking medical help as soon as possible, it’s also imperative that you settle things in court after getting into a car accident. If you’re confident that you aren’t the negligent or careless driver in the case, then you should definitely take the necessary steps so that you get compensated for your injuries.
It’s not always that you or someone you know gets into a car accident and then gets compensation. It’s understandable that you have misunderstandings about compensation as well. It’s important that you distinguish fact from fiction when it comes to compensation just in case you’re the one looking for it in the future.
Here are common car accident compensation myths, debunked.
You Can File A Claim Whenever You Want To
Most people will wait until they fully recover before making a claim. Some do so as early as they begin the recovery process inside the hospital. While the statutes of limitations are lenient, that doesn’t mean you can make a claim whenever you want after the accident occurs.
The statute of limitations might be different depending on the state you are one. However, in most cases, you have a maximum of two years after the accident to file your case. If you have no plausible reason to go beyond the two years, then your claim might be considered as invalid by the court.
This is why swift action is important. You should get help after a car crash immediately. This also makes it easier to secure the right evidence that can help you establish your claim in court.
Compensation Only Covers Medical Bills
This is a common misconception. In truth, the compensation you get from a personal injury claim is there to cover many aspects and expenses you make. It depends on your needs, your demands, and what your car accident injury attorney hopes to get compensation from.
In most cases, the compensation is made for medical bills, legal fees, lost wages due to your inability to work, and even the damages made on your vehicle. In some cases, plaintiffs also seek compensation for any trauma that comes as a result of the accident as well.
If you have any injuries that last for a long time or that last indefinitely, the defendant might be asked to provide compensation on more than one occasion. Before you make a claim, it’s important that you talk things through with your attorney so that you know what’s rightfully yours.
Compensation Is Guaranteed After An Accident
This is one of the biggest fallacies when it comes to car accident compensation. The criminal justice system doesn’t work in the way you think. If you want to get compensated, you need to take the other driver to court. The only way you can get compensation without a trial is if the other driver agrees to settle with you before you settle it legally.
To get compensated, you’re going to need to work for it. Of course, you’re going to prove in court that you had no hand in the accident and that it’s entirely the fault of the other driver. On the other hand, the other driver is going to prove their innocence in court as well.
Sadly, compensation is never guaranteed. However, if you are working with an excellent attorney and if there is enough evidence to prove your claim, then you should have no trouble getting compensated. The law works to protect those that deserve it after all.
You Can Get Compensated Without Legal Help
In most cases, this is false. Again, the only way to get compensated without settling things in court is if you and the other driver agree on a settlement before things get worse. As such, it’s important that you seek legal professional help as soon as possible because this can make or break your claim for compensation.
Some people think that you can defend yourself in court. However, keep in mind that a judge will only allow you to defend yourself in court if he deems that you are competent enough to do so. That being said, getting legal help is most likely your choice of action if you want to get compensated.
You Don’t Need Compensation If You Don’t Sustain Injuries
Even if you don’t sustain any injuries – major or minor, you are qualified for compensation as long as the other driver is at fault. Remember, there are other things you need to pay for as a result of the accident and this is what the compensation will be used for.
The court will also consider expenses such as car repair fees and even psychiatric treatment to help with the trauma after the car accident. These are damages that you shouldn’t have to pay for.
There’s No Limit To Compensation
Of course, the court of law is going to put a limit on compensation. The amount that the defendant has to pay has to coincide with the expenses you made as a result of the injury, as well as the expenses you are about to make while you are still unfit for work after an injury.
The amount of compensation you get will depend on various factors but it’s generally your attorney who will suggest the amount you get at the end of the case. Make sure to coordinate with them about your expenses as these matter in finding the just amount that needs to be given to you.
Getting compensation after a car accident is indeed tough but it’s something that you need to go through. A lot of people suffer financially after a car accident and in most cases, the compensation they get is what helps them from any further problems. Hopefully, these debunked myths give you a better idea of what to expect.