Whether it’s past experiences of family or friends, media exposure, or general assumptions about legal action, no one can predict the outcome of a car accident. Many drivers would probably be surprised to learn how the auto accident law differs from any other type of law in this country. This unique area of law suggests that it is impractical to predict the outcome of a car accident case because experienced lawyers explain some of the common myths associated with these types of injury cases.
Myth 1: Auto accident laws are the same in all states
Insurance rates are regulated by state agencies and vary widely from state to state. Some states require you to carry liability insurance, while others do not. Some states have guilt laws, while others have guilt laws. Residents for whom the laws are innocent are often misunderstood, and the details of who pays for it are quite confusing.
Simplicity without error means that whatever the fault, the victim of an automobile accident is entitled to certain benefits. For example, a person’s own insurance company pays for economic losses due to injuries (medical bills and lost wages) after a car accident, regardless of which driver caused the accident.
Guilty states take into account who is to blame for the accident and by how much, when determining how much each person (and their insurers) will pay for injuries and property damage.
These factors affect a car accident case, including settlement offers, jury verdicts, and even appeals.
Myth 2: I can get damages for pain and suffering for being in pain
Some states have special requirements that a victim of a car accident must first experience before recovering from the non-economic damage (pain and suffering) of any car accident. This means that the pain of the pain is not enough to receive compensation on top of your limited financial damages, such as medical bills and lost wages. To benefit from additional non-economic damages in some states, the injured party must suffer one of three types of injuries:
2. Severe permanent deformation
3. Severe impairment of bodily functions
“Death” is perfectly understandable. A “severe permanent disability” is the loss of a part of the body, a scar, a burn, or any other type of injury that affects the appearance. “Severe impairment of bodily functions” is an injury that usually affects the victim’s ability to lead an everyday life. However, the interpretation of serious injury differs from case to case. For example, a broken finger may not negatively affect the lives of most people, but for a professional bowler or violinist, it will be considered an essential bodily function.
Myth 3: Million Dollar Transactions Are Easy If You’re Badly Injured
A car accident lawyer in Kansas City, MO, like from Royce Injury Attorneys, has seen many no-damages cases filed for victims who suffered severe life-changing injuries. With so many interpretations of the law and the impact of recent activities in major cases before the Supreme Court of each state, the traffic accident law is continually evolving. Given the bad economy, which results in huge losses for many insurers, auto insurance defense teams use dirty tactics and become more aggressive with tough injuries. Every case is different, and a good lawyer does not guarantee a certain reward.