Each day, there are hundreds of people injured across the United States – some suffering from serious, long-term injuries. If you are injured due to someone’s negligence or fault, you may be entitled to compensation by making a personal injury claim. While you may be compensated for the injuries you sustain, including your medical bills and lost wages, there are some common myths regarding the claim process and total compensation. Therefore, if you are injured, you should familiarize yourself with these common myths and misconceptions – and speak with a New Orleans attorney regarding your case.
Myth 1: Personal Injury Claims Are Easy Money
In Louisiana, you could be compensated for the damages sustained due to your injury. Typical damages include:
- Medical costs (past, present and future);
- Wages lost due to your injury
- Compensation for the physical and mental pain and suffering
- Loss of enjoyment of life
While you do get compensation, this isn’t easy money. Instead, some of these are fixed costs that you have already paid out of pocket, and are now being reimbursed through your settlement. You will not earn a paycheck or be paid contemporaneously because you are injured. Your case is unique and the amount that may you be compensated will not be the same as others – it could be considerably less, more, or the same depending on the facts of your case.
Myth 2: You Can File a Personal Injury Claim at Any Time
This is a common misconception. In reality, you have a limited time in which to file a personal injury claim. You must adhere to the statute of limitations set forth in each state. In Louisiana, an injured party has one year commencing on the day injury or damage is sustained in which to file a personal injury lawsuit.
Myth 3: The At-Fault Driver in a Car Accident Should Pay for Medical Bills as I Incur Them
This is also untrue. As you accumulate medical bills, either you (out of pocket), your heathcare insurer, or possibly your own auto insurer will pay until you reach a settlement with the at-fault driver or the case is resolved at trial in your favor. The insurer for the other party is not required to pay you anything until you have agreed to settlement terms or until the court enters an official judgment.
Myth 4: As a Plaintiff, You Are Guaranteed Compensation
Just because you are injured does not mean your case will resolve favorably. There are plenty of individuals who are legitimately injured, but do not receive compensation. This is because every injury case is different, and the amount of compensation (if any) is based on the unique characteristics of that case. There is no guarantee that you will win your case, even if you were injured because of someone’s negligence.
Myth 5: A Personal Injury Claim Will Resolve Quickly
The length of time within which a personal injury claim can be resolved varies greatly. To be able to resolve a case quickly, many factors would have to be favorable including the injured party receiving treatment for his or her injuries and being cleared by the doctor and declared to be at Maximum Medical Improvement within a short time. It would also require other factors such as the negligent party agreeing to take part in settlement negotiations and agreeing to a settlement outside of court. Since length of treatment, the discovery process, status of negotiations and scheduling and length of trial can vary greatly, so can the length of the case.
Contact an Attorney Today
If you have been involved in an accident and you are considering filing a personal injury claim, contact an experienced personal injury lawyer first. The attorneys at Herman, Herman & Katz, LLC can advise you of your legal rights and work closely with you to develop a strategy for your claim. Our clients benefit from our years of combined experience, and so can you. Schedule a consultation now at 844-285-0267 or fill out our online contact form with your questions.