This is a collaborative post.
Virginia ranks 12th on the list of the most populous states in the US. Accidents may occur due to heavy traffic in Virginia, especially on highways like Interstate 64. If you or a loved one were injured in an accident in Virginia, then you may have many questions about your rights to claim compensation.
It is important to be aware of the common myths in personal injury law. Myths related to personal injury law will prevent you from getting the justice you deserve.
Virginia’s personal injury lawyers do an impressive job of providing legal assistance to victims, ensuring they get the compensation they deserve.
In this blog post, we are going to discuss the six myths that you should know before filing a personal injury claim.
Myth 1: You Don’t Need an Attorney to File a Personal Injury Claim
Some people may think that they can handle their personal injury claim on their own without hiring an attorney. They believe that they can negotiate directly with the liable party or their insurance company and get fair compensation.
However, this is a risky and often costly mistake. The reality is that personal injury cases are difficult and require legal knowledge and experience.
The defendant or the insurance company will try to take advantage of your lack of experience and knowledge and offer you a lowball settlement or reject your claim. That’s why you need to hire an experienced attorney who can help you file a personal injury claim.
Myth 2: Filing a Personal Injury Case is Expensive
Some people think that filing a personal injury case is too expensive. They will be concerned about paying for attorney fees, court fees, and expert witnesses. However, this is not true.
The truth is that most personal injury attorneys work on a contingency fee basis. This means that they only get paid if they win your case. An attorney will take a percentage of your compensation as their fee. You don’t have to pay anything out of pocket. You only pay if your case has a successful outcome.
Myth 3: You Can’t Claim for Psychological Damages
Few victims believe that personal injury claims only cover physical injuries and damages. However, this is not true. You can recover compensation for psychological damages as well. Personal injury claims include compensation for psychological conditions that arise due to the accident. This includes:
- Emotional distress
- Post-traumatic stress disorder
- Mental anguish
- Loss of enjoyment of life
These damages are often difficult to prove and quantify, but they are equally important and valid. This is why it is important to document the psychological damage sustained by the accident.
Myth 4: Personal Injury Claim Can Be Filed Any Time
A common misconception among victims is that compensation claims can be filed at any time. Some victims think that they can wait until they have recovered or until they have all the information they need for legal action. However, this is not true.
Every state has a statute of limitations, which is a deadline for filing a case. The statute of limitations differs depending on the state where the accident happened and the type of case. States like Virginia have a statute of limitations of two years from the date of the injury.
If you miss the deadline, you will lose your right to sue and recover any compensation.
Myth 5: Minor Injuries Are Not Eligible for Compensation
Another common myth is that one cannot seek compensation if their injuries are minor. This is not true. You can claim compensation for minor injuries as well. The following are some of the minor injuries that occur due to accidents:
These minor injuries may worsen over time. They will cause discomfort, pain, and inconvenience when performing daily tasks. So, you should not ignore or underestimate minor injuries.
Myth 6: The Insurance Company Works for You
You should never trust the defendant’s insurance company. The insurance adjuster’s loyalty lies with the insurance company. They are not your allies or friends. Their work is to investigate your personal injury claim and find ways to decrease or reject your compensation claim.
They will act friendly and sympathetic, but they will also use deceptive tactics to find information or lower compensation. Some of the tactics include
- Requesting confidential documents
- Asking for recorded statements
- Making lowball offers
- Delaying the claim on purpose