Having common myths about personal injury and car accident claims has become very common nowadays. This is because the victims do not tend to take legal advice from experts who are actually lawyers. However, knowing the correct information can help both the victims and the defaulter party set the settlement very precisely.
Take some moment to go through the article and clear all the confusion.
Common Myths about Personal Injury and Car Accident Claims
There are many myths related to personal injury, car accident claims, and the settlement procedure. And that is why it is essential to pursue legal information and guidance from a specialized personal injury lawyer regarding the exact process. Below are 5 common misconceptions and myths about personal injury.
1. All Personal Injury Claims are Drained Out and Goes for Trial
Reality: The majority number of personal injury cases are solved outside the court
To be honest, a few personal injury cases go to trial. Moreover, about 98% even get settled before they make it to the hearing. A negotiation session is usually held between the insurance company and the victim’s personal injury lawyer between 2 years from the accident date.
However, the time required to solve this claim will depend on the depth of the injury, the time needed to recover and come back to everyday life, and so on. If the settlement amount is large or even challenging to find the real defaulter party, then the case is sure to go to trial.
Still, in these conditions, there are some stages before the definite trial where a negotiation can be done among the parties. Therefore, it requires the discovery phase and pleading before the trial. This is because a settlement is possible until it does not go before the judge.
Related Article: Claiming Compensation for a Personal Injury
2. Personal Injury Claims are Way Too much Like Millions
Reality: Personal injury claims are limited and hardly beat 7 digits
Back in 1978, under the Supreme Court of Canada’s supervision, a limitation was imposed for pain and suffering. However, it was about $100,000. Now, in the present day, it has prolonged up to $383,571.
Basically, this highest amount is only given if someone is badly injured. For example, if anyone goes through quadriplegic, he/she will get the highest amount stated above. Furthermore, from the time the cap amount was decided, the number of settlement cases has lowered, and now some cases only go beyond 1 million dollars.
You also need to remember that the highest amount is only applicable for pain and suffering. But, in some cases, more money might be given like,
- Loss of wages
- Damages in the future care cost
- Medical care expenses that are not refunded by insurance
3. All Soft Tissue Damages Need to be Paid The Highest
Reality: Not all soft tissue damages need to be paid the highest
The compensation amount that can be asked for pain and suffering of soft tissue damages is also limited up to a range. For example, in Alberta, the limited amount is around $5,202for soft tissue damages. Below are some conditions for which one can get the highest compensation for soft tissue damages.
- If it is not set even after 12 to 24 weeks of the accident
- If it results in considerable incompetence while performing everyday works
- If the victim is not likely to improve noticeably
Moreover, you also need to remember that the highest amount is only applicable for pain and suffering. Below are also some situations that will not fall under the cap amount.
- Loss of wages
- Loss of maintenance
- Damages in the future care cost
4. The Individual Needs to Pay The Compensation
Reality: The individual’s insurance company needs to pay the compensation
Though the defaulter is commonly sued for the offense, it does not indicate that they need to pay the settlement amount from their pocket. The drivers of Alberta must have at least $200,000 in third-party obligation coverage.
Third-party obligation coverage defends entities who are defaulters for the particular victim’s damages. Therefore, the defaulter party’s insurance company will actually cover the settlement amount.
However, there are also some cases where a person is wounded by an unknown driver who does not have third-party obligation coverage. In this condition, the insurance needs to be paid by the “Motor Vehicle Accident Claims Program” for up to $200,000.
Generally, the “Motor Vehicle Accident Fund” was founded to confirm that the victims are still rewarded for their damages whether the defaulter party has third-party obligation coverage or not. This process actually works like a debt that the defaulter party needs to repay to the “Motor Vehicle Accident Recoveries.”
5. The Harm Done to The Car Associates With The Range of The Injury Suffered
Reality: Damage to the car does not indicate the brutality of the injury
An injury might seem minor at first glance, but it can turn into a major one in the future. Even after a minor accident, the victim may not experience any significant pain for weeks or months. Yet, it should not be underestimated thinking only as a minor accident.
Moreover, it is also possible that even in severe accidents, the victim is suffering from minor damages. Therefore, the damages that are done to a car do not indicate the seriousness of injuries due to accidents.
Hope so there will be no bindings while claiming compensation as some of the core misconceptions are very clear to you now.
The Bottom Line
Misconceptions are very dangerous than knowing nothing at all about a matter. This is because it creates such a situation that they think of it as authentic information and dare not ask anybody about clarification. Something similar happens after a car accident occurs with a victim.
However, you have already learned the common myths about personal injury and car accident claims. So, it is essential to take legal advice from an experienced personal injury lawyer like “Edmonton Personal Injury, Car & Motorcycle Accident Lawyer” for any kind of authentic information related to accidents.
We are 24/7 available to answer your queries. All you will have to do is pick up your phone and call or text us at the given address. We have more than 15 years of experience in this same field.