Hello Folks, Attorney Paul Samakow here.
Today I’d like to talk with you about some of the biggest myths and misunderstandings surrounding auto collisions and personal injury claims.
I’m putting this information out here because I want it to become common knowledge. My hope is that after reading this blog, you might share this with someone you care about. That way, if you or someone you know is ever in the unfortunate situation of being badly injured due to someone’s negligence and needing to file a PI claim, you will know exactly what to expect and exactly what to do to be successful with your claim.
Personal injury law has a lot of moving parts. There are deadlines, pitfalls and obstacles that can and often due change from state to state and from year to year. And this is the main reason why you want an experienced personal injury attorney fighting on your side and in charge of your personal injury claim.
If you’re ever injured in an auto collision, it can be hard to separate fact from fiction when it comes to a personal injury claim, so, lets clear up some common myths and misunderstandings right here and now.
#1: Personal injury claims are easy to win without an experienced attorney. Wrong. Like I mentioned before, personal injury claims are extremely complex. And when you are speaking with the at fault party’s insurance adjuster, you are speaking with a smooth talking well-armed expert negotiator who will be on the look out for any possible way they can deny or seriously undervalue your claim. Speaking to an insurance adjuster on your own without an expert personal injury attorney on your side is like walking into an operating room and saying “no thanks doc, I watched a YouTube short on heart surgery, I got this.” Basically, it’s a recipe for disaster and the quickest way to get your claim denied, or to settle for far less than what is fair.
#2: There’s no rush. You have all the time in the world to file a personal injury claim. Again, wrong. Your state has a statute of limitations. Statute of limitations is a legal term that basically means, your time’s up. You have deadlines you must meet if you choose to file a PI Claim.
Equally as important, if you want to be successful with your claim, you need to preserve evidence as quickly as possible. Eye witness statements, dash cam footage, video surveillance from traffic stops and surrounding businesses, all of this can be compromised with out quick action to preserve it. Failing to file on time, or failing to quickly gather all available evidence can result in your claim being denied. This means no help with medical bills, no help with repairing or replacing your car and no compensation for your pain and suffering.
#3. Your personal injury claim MUST go to trial. This one is mostly wrong. Your case can settle out of court. In fact, the at fault party’s insurance adjuster hopes it will. If they can’t deny your claim outright, they will try and settle your claim as quickly as possible. This helps limit their company’s future liability regarding your injuries and any complications that may arise in the future.
This is another reason why you want to call our office if you’re considering filing a personal injury claim. You want the insurance adjuster to know you are prepared to go to court if that’s what it takes for you to receive fair compensation for your injuries and losses.
#4: The only personal injury damages you will recover are for medical expenses. Not true at all. If you’ve been injured on the road due to a negligent driver, call my office. We will do whatever possible to see you’re fairly compensated for your injuries, your property damage, lost wages, pain and suffering and more.
If you’ve recently been involved in a car accident and have any questions or concerns or would like us to fight for you in a personal injury claim, please call my office immediately 703-854-9288 or 301-298-8383.
Until next time, please be safe, and NEVER text while driving!
Paul Samakow
Attorney Paul Samakow