5 myths about personal injury claims

February 23, 2010

There are times when an accident victim with a viable personal injury claim does not move forward with legal action because of mistaken beliefs about how personal injury claims work. For example, some accident victims are operating under misconceptions about the circumstances under which a claim can be made or about what types of compensation can be recovered.

Although every case is different, it is often possible to recover compensation from an accident even if:

1. There were no witnesses to the accident: It is sometimes possible to reconstruct an accident with the help of investigators. A good personal injury attorney has access to a team of experts that can prove how an accident occurred even without the aid of witnesses.

2. You are partly at fault for the accident: Texas uses the doctrine of comparative responsibility to assign a percentage of the blame for an accident to each party involved. As long as the judge or jury determines that you were only 50% or less responsible for the accident, then you can still recover damages for your injuries.

3. The other driver has no insurance: The other driver’s insurance is not the only source of payment for your injuries. Depending on the circumstances of your accident, it may be possible to recover damages from your own insurance company, the owner of the car or the driver’s employer.

4. You were the victim of a hit-and-run driver: Depending on the type of insurance coverage you have, you may be able to recover damages from your own insurance company if you are the victim of a hit-and-run driver.

5. You did not immediately go to the hospital: Sometimes injuries take time to manifest themselves. It is not uncommon for an accident victim to feel fine at first but then later develop serious injuries. While it is certainly best that you seek medical attention as soon as possible after an accident, not immediately going to the hospital does not preclude you from bringing a personal injury claim.

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