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Top 4 Myths about Filing a Per...

personal injury claim

Top 4 Myths about Filing a Personal Injury Claim

  • June 24, 2016

If you have been injured in an accident and are wondering if you may be able to file a personal injury claim to recover your losses, you probably have lots of questions. You may also have some preconceived notions about using the legal process to protect your rights, some of which might not be entirely accurate – especially if they are based on TV and movies.

Our FAQs provide some useful information for individuals who have suffered accident-related injuries, and you should feel free to contact our offices to schedule a free consultation about your legal rights. In the meantime, here are four common myths about filing a claim for financial compensation.

Common Myths about Claims for Compensation

Myth #1: Filing a personal injury claim is an easy way to score some quick cash.

The truth: Securing maximum compensation for a serious injury requires a thorough investigation, extensive legal knowledge, and the ability to negotiate effectively with the insurance companies. In some cases, it can mean fighting for your rights in front of a jury in court.

The insurance companies won’t pay unless they are convinced that you have suffered accident-related injuries. In fact, most lawyers won’t even take your case unless they are reasonably confident that you are entitled to compensation under the law. Personal injury claims are intended to compensate people with real, life-impacting injuries. There is a reason we say we “fight” for the compensation you “deserve.”

Myth #2: You can’t recover compensation if you were partially at fault in the accident.

The truth: First, you should never assume that you were at fault in an accident. Second, while this is true in some states, it is not true in New York.

New York’s personal injury law follows a rule known as “pure comparative fault.” What this means is that if you were partially at fault, your financial recovery will be diminished by your percentage of fault in the accident. For example, if a jury finds that you were 25% at fault, you would still be entitled to recover 75% of your losses.

Myth #3: Hiring a personal injury lawyer is expensive.

The truth: Most personal injury lawyers (including the lawyers at Stenger, Roberts, Davis & Diamond, LLP) take cases on a contingency-fee basis. This means that you don’t pay any legal fees while your case is pending; and, if you win, then your lawyer receives a percentage of your recovery. If you don’t win, you don’t pay any legal fees.

In fact, the real truth is that it can cost far more not to hire an attorney. Because…

Myth #4: Your insurance company will take care of you.

The truth: The insurance companies are not on your side. Even though most auto accident cases involve filing a claim under the victim’s own no-fault insurance policy, most insurance companies will fight to avoid paying their policyholders’ claims. Without experienced legal representation, you could end up settling for far less than you actually deserve.

Contact Stenger, Roberts, Davis & Diamond, LLP about Your Case Today

To speak with an attorney about your claim, schedule a free, no-obligation consultation at Stenger, Roberts, Davis & Diamond, LLP. Our attorneys will be happy to answer your questions; if you have a claim, we will fight aggressively to win the compensation you deserve. Get started on the road to recovery – call (866) 290-6929 or request an appointment online now.

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