5 Common Myths About Injury Cases
In the “Information Age” there are so many different sources of information for someone researching their injury cases. We are all bombarded with billboards, TV ads, and the like every day. Unfortunately, having all this information out there has only made it more difficult for an injured person to figure out what to do. Even worse, there are a number of myths out there that can actually hurt a person’s injury case.
1. Making a claim will raise my insurance rates
You will not be able to pursue an injury case against another driver unless you first make a claim with your no-fault or PIP insurer. While there are certain situations where a no-fault claim can raise your rates, generally these claims will have no impact on your insurance rates.
When it comes to going through your own insurance company for uninsured motorist (UM) coverage, it’s easy to think it’s going to raise your rates. The reality is that (most likely) insurance premiums are going to go up anyway next year, so there is very little potential downside to bringing the claim. You have been paying the premiums for this coverage for months or years, so its only right to use it now that you need it. Generally, any risk of bringing a genuine claim for injuries is outweighed by getting fair reimbursement.
2. Going through my own insurance company will be easier
When it comes to property damage claims, this is sometimes true. Processing a collision claim through your own insurance may be quicker than going through the at-fault party’s insurance, it does mean you will have to pay your deductible up-front. However, this is not the case for injury claims.
At the end of the day, insurance companies are treating their insureds just as poorly as other claimants. While they continue increasing their spending on celebrity spokespeople or cute animated mascots, these insurance companies are become less and less likely to make fair offers for injury cases – even those with truly life-changing injuries. This has meant an increasing number of lawsuits and trials where injured people have to fight for just basic reimbursement for their injuries. Our attorneys at Meldon Law are equipped to fight for our clients’ rights against these insurance companies – including at trial.
3. There is going to be enough insurance money to cover my claim
Sadly, our laws in Florida do not require drivers to carry any liability coverage for injuries. Even “full coverage” policies may be missing important and valuable coverage for bodily injury (BI) and uninsured motorist (UM) claims. This means that the average driver has no insurance to cover any injury claims. For drivers who elect to have this coverage, most only pay for $10,000.00 or $25,000.00 in coverage. Nowadays, this may not even be enough to cover a single visit to the emergency room after a crash. This is why it is so important to carry stacked uninsured motorist (UM) coverage to protect yourself in the event of a crash.
In the event that there is not enough insurance coverage to cover your injuries, it is important to have consult with an attorney to determine if there are any other options. Our attorneys at Meldon Law investigate all other possible insurance coverages and if the at-fault party may have personal assets which could help cover our clients’ medical expenses.
4. They have $XX,XXX.XX in coverage so that’s what my case is worth
Injury insurance doesn’t work the same way as life insurance. With life insurance, someone purchases $XX,XXX.XX amount in coverage with the understanding that amount will be paid out. With injury liability insurance, $XX,XXX.XX in coverage means that’s the maximum that the insurance company will ever have to pay for the claim. However, it’s up to the claimant (and their attorney) to actually prove that their claim is worth that much money. This means proving things like:
- The other driver is either fully or the majority at fault for the crash;
- That the crash caused injuries;
- What types of injuries were caused;
- That the treatment received was reasonable and necessary;
- That the billing for the treatment was reasonable and necessary;
- The amount of any lost wages;
- That there was a permanent injury within a reasonable degree of medical probability;
- That there was significant or permanent scarring;
- That there was a permanent loss of an important bodily function;
- What future medical expenses are reasonably certain to be incurred in the future;
- The fair reimbursement for pain and suffering, mental anguish, inconvenience, disfigurement, disability, and loss of capacity for enjoyment of life.
Insurance companies tend to fight every one of these issues, including hiring expert witnesses to muddy the water. This is why it is so important to consult with an attorney to assess what is needed to present the strongest case to an insurance company or jury. Our attorneys at Meldon Law are experienced in navigating each of these issues and work with expert witnesses in accident reconstruction, biomechanics, radiologist, neurology, orthopedic surgery, neurosurgery, and more to ensure the best possible representation for our clients.
5. I know someone with similar injuries who got $XX,XXX.XX for their case, so my case must be worth that much too
Every case is absolutely 100% unique. One of the best parts of our civil justice system in the United States is that we don’t believe in “one size fits all” justice. Everyone is entitled to their day in court and to have a jury of their peers determine fair reimbursement for their injuries. Though the overwhelming majority of injury cases settle before making it into a courtroom, that doesn’t mean they still aren’t unique.
This means that a billboard of a smiling person holding up a big check, a 15-second testimonial on a TV ad, or a friend or family member’s personal experience is going to be different than your case. There are dozens of factors that go into the determination of what a fair settlement is on an injury case. Our attorneys at Meldon Law meet weekly to discuss these factors on every one our cases to ensure we are fighting for full reimbursement for our clients. We also closely monitor jury verdicts, conduct focus groups, hold mock trials, and actively take injury cases to trial so we keep our finger on the pulse as to what juries are doing in our community.
Written by: Meldon Law Senior Litigation Attorney Christopher Speziok.
