Car accidents are stressful events that can leave you physically, emotionally, and financially drained. On top of dealing with the aftermath of the accident, you’ll likely have to interact with insurance companies, medical professionals, and possibly the legal system.
Unfortunately, there are many myths surrounding car accident claims, leading to confusion that prevents accident victims from seeking the full compensation they deserve.
Today, we will debunk five common myths about car accident claims to help you better understand your rights. With guidance from a trusted car accident lawyer in Fort Worth, you can confidently navigate the claims process and avoid common pitfalls.
Myth 1: You Don’t Need A Lawyer For A Minor Accident
One of the most widespread myths about car accidents is that you don’t need to hire a lawyer if the accident is minor. Many people assume that if the damage to their vehicle is minimal or they don’t feel injured right away, they can handle the claim independently. While it might seem like a lawyer isn’t necessary for minor fender benders, this misconception can lead to problems in the future.
Even if an accident appears minor, injuries such as whiplash or soft tissue damage can take time to manifest. Symptoms might not show up until days or even weeks after the crash. In many cases, people who initially believed they weren’t injured will face significant medical expenses and time off work. When these injuries become apparent, they may have already settled with the insurance company for far less than they deserve.
Insurance companies often try to minimize payouts, even for seemingly minor accidents. Without a lawyer to advocate for you, you could leave money on the table. A Texas car accident law firm can help assess the true value of your claim, ensure you get proper medical evaluations, and negotiate with the insurance company to secure fair compensation.
Myth 2: The Insurance Company Will Offer A Fair Settlement
Another common misconception is that the insurance company will always offer a fair settlement after a car accident. While it’s true that insurance companies are supposed to provide compensation for damages, they are ultimately businesses with a bottom line to protect. Therefore, they often aim to settle claims for as little as possible.
Insurance adjusters may present a reasonable initial offer, but it’s often far lower than what you’re entitled to. Many people accept these lowball offers, not realizing they can negotiate for more. Insurance companies also know that accident victims may be under financial pressure, especially if they’ve missed work or have mounting medical bills. They may try to take advantage of this situation by pushing for a quick settlement.
An experienced car accident lawyer in Fort Worth can evaluate the full extent of your damages, including medical expenses, future medical care, lost wages, pain and suffering, and property damage.
They will ensure you don’t settle for less than your claim is worth. If negotiations with the insurance company don’t result in a fair offer, your lawyer can take your case to court to fight for your rights.
Myth 3: You Can’t File A Claim If You Were Partially At Fault
Many people believe that they aren’t eligible to file a compensation claim if they are partially at fault for the accident. However, Texas follows a modified comparative fault rule, which means that accident victims can still recover damages even if they were partially responsible for the crash, as long as they are not more than 50% at fault.
Under this rule, your compensation will be reduced by the percentage of fault assigned to you. For example, if you were found to be 20% at fault for the accident and your total damages were $100,000, you would still be eligible to recover $80,000. However, if you are found to be more than 50% at fault, you won’t be able to recover any compensation.
Because fault can significantly impact the outcome of your claim, it’s crucial to work with a Texas car accident law firm that understands how to gather evidence, reconstruct accidents, and present a strong case in your favor. Your lawyer can help minimize your percentage of fault and maximize your compensation, ensuring you receive a fair outcome.
Myth 4: You Have Plenty Of Time To File A Claim
Another dangerous myth is that accident victims have ample time to file a claim. The truth is that Texas law imposes a strict statute of limitations on car accident claims. In most cases, you must file a personal injury lawsuit two years from the accident date. If you miss this deadline, you may lose your right to pursue compensation, regardless of how severe your injuries are or how clear the other party’s fault is.
It’s also important to note that waiting too long to file a claim can weaken your case. Evidence such as witness statements, traffic camera footage, and physical evidence from the scene can become harder to gather as time passes. Additionally, insurance companies may use delays against you, arguing that your injuries weren’t serious if you waited to seek medical treatment or file a claim.
Working with a rear-end accident lawyer in Fort Worth ensures that your claim is filed promptly and that all necessary evidence is collected in a timely manner. Your lawyer will handle all deadlines and paperwork, allowing you to focus on your recovery without worrying about missing any important dates.
Myth 5: Hiring A Lawyer Means You’ll Have To Go To Court
Many people hesitate to hire a lawyer after a car accident because they fear it will lead to a lengthy court battle. However, the reality is that most car accident claims are settled out of court. In fact, hiring a lawyer has been shown to increase the likelihood of a quicker and more favorable settlement because insurance companies take claims more seriously when legal representation is involved.
An experienced Texas car accident law firm can negotiate on your behalf and use their knowledge of the law to push for a fair settlement without the need for a trial. If a fair settlement cannot be reached, your lawyer will be prepared to take your case to court, but this is usually a last resort. Most cases can be resolved through negotiation, mediation, or arbitration, saving you time and stress.
Hiring a lawyer doesn’t mean you’ll automatically end up in court—it simply ensures that you have someone fighting for your best interests throughout the claims process.
Get Legal Help After A Car Accident
The aftermath of a car accident can be overwhelming, especially when you’re facing medical bills, lost wages, and the complexities of dealing with insurance companies. Don’t let common myths about car accident claims prevent you from getting the compensation you deserve. The proper legal guidance can make all the difference, whether dealing with a minor or more serious accident.
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