At Cardone Law Firm, one of our biggest priorities is ensuring our clients are well informed about their specific case and the laws surrounding it. Unfortunately, court T.V. shows and films, as well as well-intentioned friends and families, often spread inaccurate information about how a personal injury claim works.
Our New Orleans car accident and personal injury attorneys want to debunk these myths in order to give you clear-cut insight into how the filing process for personal injury claims works. If you or someone you loved has been involved in a car accident recently, read this for a better understanding on how we can serve you.
Myth #1: You Can File a Claim at Any Time in the State of Louisiana
Filing a personal injury claim shouldn’t be something that you put off. You only have so much time to claim damages after your accident occurs.
There is a time limitation, also known as the statute of limitations, and the length of it depends on the state and the type of claim involved. In the state of Louisiana, the statute of limitations for a car accident is one year, and after that time has passed, you essentially forfeit the right to recover compensation from the accident.
Myth #2: Filing a Personal Injury Claim is Filing a Frivolous Lawsuit
It may seem that the majority of personal injury claims are considered a greedy cash grab by the general public thanks to television. The majority of these cases, however, are legitimate.
Almost all of the cases that are filed stem from a collision where someone sustained some type of injury. It is more likely that the victim is fighting an insurer to receive compensation for medical expenses and property damage to their vehicle; few individuals are looking to exploit the system and turn some sort of profit off of their situation.
Myth #3: Courtroom Litigation is Necessary For Compensation
This is one of the biggest deterrents that keeps victims from filing a personal injury claim. The general public tends to assume that if a lawyer is involved, then court proceedings must take place. That isn’t necessarily true.
In order to avoid costly and unnecessary litigation fees, most guilty parties want to handle the case as soon as possible. That means settling out of court becomes the option more frequently chosen.
Myth #4: You Do Not Need to File With a Lawyer for Minor Injuries
If you were involved in a car accident but lucky enough to only receive minor injuries, there is no need to file a claim, right? Wrong.
Sure a few cuts and scrapes may not seem like a big deal, but injuries sustained during a car crash are not limited to physical injury; it’s just one of many. Also, not every injury is immediately noticeable. Some internal damages may not be felt until after a few days or weeks.
A few other types of injuries sustained during a car crash include:
- Pain and Suffering – aches, temporary or permanent limitations on activity, potential shortening of life, depression, or scarring that are sustained because of a car crash.
- Property Damage – damage done to your property such as your vehicle.
- Mental Anguish – this type of suffering includes distress, fright, depression, anxiety, grief, or other trauma.
- Loss of Consortium – damages suffered by the spouse of the person that was injured or killed.
Myth #5: If All Motorists Come to an Agreement, You Don’t Have to Report the Accident
All collisions that occur in the state of Louisiana must be reported by the motorists if:
- The crash causes injury.
- The crash causes a death.
- The crash causes at least $500 in property damage.
If any of the above apply to the car accident that you were involved in, it must be reported immediately to the local police station.
Myth #6: The Police Determines Who is at Fault
While the police officer is in charge of gathering all the particular details that caused the wreck to add into his report, he or she may assign blame to either one of the parties involved. That doesn’t mean that the fault will stick, however.
Ultimately, determining liability is left to the claims adjuster or the judge that is overseeing the case. It isn’t something that is decided on the fly. An investigation must take place and all evidence must be presented to determine the fault.
Myth #7: Insurance Adjusters Will Ensure That You are Fairly Compensated
In a perfect world, an insurance adjuster would compensate a claimant to the best of their ability, awarding full compensation for all of the damages that were filed. Unfortunately, this is the real world, and insurance companies and claimants have different – often opposing – goals in mind.
Be cautious when dealing with an insurance adjuster. Chances are high that they do not have your best interest at heart.
Myth #8: You Have to Pay Your Lawyer in Order for Them to Take Your Case
Medical procedures, vehicle repairs, and rehabilitation bills can stack up after a car accident. Money problems can become a real issue for working families, especially during the healing process. But this shouldn’t be a deterrent to filing a personal injury claim.
Many lawyers work on a contingency basis, meaning that they don’t receive a penny unless you win your case. At Cardone Law Firm, we wouldn’t feel at ease taking your money while you are in recovery. Because of that, we also represent most clients through a contingency fee contract.
Myth #9: Holding Out Will Net You a Bigger Settlement
While in some cases holding out might be the appropriate course of action to take, it doesn’t mean that it is the appropriate action for your particular case.
The best thing you can do to ensure that you receive an equitable settlement is to work with our New Orleans personal injury attorneys, Cliff Cardone, at Cardone Law Firm. They will study your case down to the minute details and determine the best strategy to net you the best compensation tailored to your specific circumstances.
Cardone Law Firm has collected millions of dollars in recovery for their clients. If you have been involved in a car accident in Louisiana, allow Cardone Law Firm to be the guiding hand in your personal injury claim.
The last thing you need to worry about while recovering from a car accident is the worry that comes with filing and handling a personal injury claim and dealing with insurers that don’t want to pay out the compensation you deserve.
Let us bear that cross for you. Phone Cardone at (504) 522-3333 for your free legal consultation today.