Whether it’s a family member’s past accident, or general misconceptions about court cases, no one can tell how an auto accident lawsuit will turn out. Many motorists would be shocked to learn how different accident law is from other areas of legal practice. In this article are some of the most common myths about accident law, as well as information meant to debunk those myths.
Every State’s Laws Are the Same
State agencies regulate auto insurance rates, which vary widely by location. Some states require drivers to buy liability insurance, and some have no such requirement. Some states have no-fault laws, while others are at-fault states. No-fault insurance laws are commonly misinterpreted by drivers who are confused as to who pays in the event of an accident.
- No-fault: Regardless of who causes an accident, victims are eligible for certain benefits such as an ERISA Pension and Welfare. The driver’s auto insurance company pays for his or her injuries after an accident.
- At-fault: States with these laws consider degrees of responsibility for an accident when determining who will pay for property damage and injuries.
Drivers Can Collect Pain & Suffering Damages Just Because They’re Hurt
States often have specific rules that a victim must follow before they can recover damages for pain and suffering. Simply being hurt isn’t enough of a reason to receive compensation other than for lost wages and medical bills. To qualify for non-economic damages, injured parties must have suffered disfigurement, impairment or death. Impairment is open to interpretation, and can be based on the victim’s occupation. For instance, a professional bowler would be considered ‘impaired’ if he or she suffers an amputated finger.
Severe Injuries Mean Multimillion-Dollar Settlements
Attorneys have seen countless cases thrown out, where victims had life-changing injuries. The law is interpreted in different ways, and is constantly changing. The economy has been hard on insurance companies, and insurers’ defense attorneys are looking for ways to challenge injuries and get cases thrown out of court. Hiring a tough attorney does not guarantee a large award, or that a client will receive an ERISA Pension and Welfare.
By hiring a competent auto accident lawyer, victims can retain their legal rights, medical benefits and the ability to get the largest award possible. Whether a client is referred to an attorney or they find one through the State Bar Association, they should choose one from Autoaccidentattorneyhonolulu.com with a focus on auto accident cases.