This article describes 7 misconceptions that people have about Pennsylvania and New York automobile accidents and what rights and benefits are allowed. This article describes 7 misconceptions that people have about Pennsylvania and New York automobile accidents and what rights and benefits are allowed.

Practice Areas


Blog

Personal Injury

view all

Premises Liability: The Slip and Fall

view all

Vehicle and Automobile Accidents

view all

Workers' Compensation

view all

General

view all

Legal News

Bradford County Court in the News

Athens lawyer attends conference

I write letters...

Workers compensation claim filed against Sayre Borough

Athens attorney Maureen T. Beirne nominated by governor for county judgeship

Press Release: Carrie Carroll Awarded Honor

CraftMaster offering buyouts to its salaried employees in Towanda, Pa

Bradford County launches victim notification system

Bradford County Court House In The News

CNN: What To Do After A Car Accident

View All

Legal Library

Personal Injury

More Info

Premises Liability: The Slip and Fall

More Info

Workers' Compensation

More Info

Vehicle and Automobile Accidents

More Info

Newsletters

More Info

General

More Info

7 Misconceptions that Can Wreck your Accident Case

MISCONCEPTION #1: A lawyer requires a down payment to accept my injury claim.

False. Many personal injury lawyers accept most accident cases for a contingency fee. This means we get paid out of the money we recover for you. If you collect nothing, you pay no lawyer's fee. And if you hire many lawyer's services, you pay no fee until your case settles and money is recovered for you.

MISCONCEPTION #2: I'll have to go to court to get what my case is worth.

False. Most injury cases are settled before the case goes to court. Often, when the insurance company realizes you and your lawyer are ready and willing to go to court, the insurance company starts making reasonable offers for your injury claim. If we don't like the first offer, we make a counteroffer. Negotiations may continue until both sides agree on a certain amount. In most cases, injury claims don't require a court trial.

MISCONCEPTION #3: I have to accept what my lawyer tells me.

False. Anytime you feel confused -- anytime you don't understand what's going on -- you're entitled to and should get a second opinion. In the field of medicine, if your doctor suggests major surgery, you know it's wise to get a second opinion. Likewise, anytime you speak with one lawyer, you're perfectly free to confirm his/her advice by seeking a second opinion from another lawyer.

MISCONCEPTION #4: Once I settle my claim, I can get more money in the future if I have additional medical bills.

Usually False. Usually, once your claim is settled, you will not be able to obtain medical bills from the Defendant's insurance company.  However, under the no-fault scheme in both Pennsylvania and New York, your bills would be covered up to the limits of your first party benefits.

MISCONCEPTION #5: My accident was over a year ago, I will never be able to collect all the information and evidence I need to obtain fair compensation. It is too late for my case.

False. Certainly, the earlier you start work on your claim, the easier it is to collect information. However, as long as the limitation period for your claim has not expired, there is still time to make a claim. A skilled personal injury lawyer will be able to compensate for the elapsed time, using experienced investigators to pull together the information required. A lawyer will also tell you what the deadline date is for starting your case.

MISCONCEPTION #6: I have only one year to file a lawsuit.

Probably false. This can be a difficult question to answer. In Pennsylvania, in most personal injuries cases, you have two years to file a lawsuit to protect your rights.  In New York, for automobile accidents, you have 3 years to file a lawsuit to protect your rights.

Plus, if your claim is against a governmental entity (such as a city or state), you may have a shorter time period to protect your rights to make a claim.

It is important that you know your rights. Otherwise, you may lose your right to bring a claim for your injuries and damages. Ask a personal injury lawyer to help you determine the proper time frames.

MISCONCEPTION #7 If I am partly at fault for causing the accident, I am not entitled to any money.

False. Money is available to almost all injured accident victims who have insurance, regardless of fault. 

 

 


Brenda Hollingsworth and Richard Auger are lawyers representing accident victims in Ontario, Canada. Their law firm is Auger Hollingsworth, located in Ottawa. They are the authors of "An Injured Victim's Guide to Fair Compensation". To get free copy of this book, contact http://www.ottawalawfirm.ca ; email info@ottawalawfirm.ca or call 613.233.4529.