Tucson Injury Claim Myths, Debunked


Our Tucson Injury Lawyers Discuss Common Misconceptions About Filing a Personal Injury Claim After An Accident

After being in an accident, you may be inundated with advice and personal stories from everyone you know who has also been in an accident. Personal injury procedures can vary widely by state, and some of; the people may be just plain wrong. Starting your injury claim with incorrect assumptions could cause irreparable damage to your case. If you have additional questions after reading about these common injury claim misconceptions, contact us or use our online form to schedule your free consultation with our firm.

An injury lawyer helping her client file his personal injury claim in Tucson, AZ.

You Should Accept The Insurance Company’s First Settlement Offer To Speed Up Your Claim

Finances may be tight after an accident, and it may be tempting to accept the insurance company’s initial offer. If it seems like a healthy amount, your claim is probably worth far more. There are other options out there to pay for your treatments, so don’t accept the first offer out of fear. The insurance company may decline to compensate for some of your injuries, and may not provide a fair offer for pain and suffering. Before speaking with the other driver’s insurance company, you should complete some medical treatment and speak with a personal injury attorney to get an estimate about your claim’s value.

You Will Need To Pay For All Of Your Medical Treatments Out Of Pocket

Finding a doctor to treat you after an accident can be difficult and expensive. Even with your own medical insurance, it is likely that you will be left with some out of pocket medical costs if you are injured in an accident. If you pay them yourself, you can be compensated for them in your personal injury claim. Check your auto insurance policy to see if it includes MedPay coverage. This insurance coverage will pay some of your out of pocket costs after being injured in an accident, regardless of who was at fault. You may also be able to obtain medical treatment through medical liens. Your doctor will keep a running balance of your medical expenses and they will be taken out of your final award. Finding doctors willing to work through medical liens can be easier once you have retained a personal injury attorney.

You Will Be Appointed An Attorney To Represent You In Your Claim

Many people believe that some way or another, they will be provided with an attorney to represent them in their personal injury claims. Because there is no jail time at stake in a personal injury claim, there is no constitutional right to a court-appointed personal injury attorney. Your insurance company generally won’t hire you an attorney, either. If you want attorney representation in your injury claim after an accident, it will be your own responsibility to seek out and retain the attorney. You can typically hire an attorney licensed in the state where the accident occurred, but some factors will allow for other states to have jurisdiction over your case. To hire a personal injury attorney, you will need to discuss the facts of your case during a consultation. The attorney will need to agree to take your claim if you wish to hire them.

The Insurance Adjuster Will Work With You To Get You a Fair Settlement

Make no mistake- the insurance adjuster works for the other side. That means they will be doing everything possible to reduce your claim’s value. The adjuster may try to catch you making statements that admit your own fault, or make some of your medical treatments seem unnecessary. That’s why you should retain a personal injury attorney before ever talking to the other driver’s insurance company. Once retained, all communications about your claim must go straight to your attorney, reducing your risk of making mistakes that could hurt your case.

Fault Determinations On a Police Report Are Definitive

Sometimes, especially for more serious accidents, emergency services may arrive at the scene whether you call them or not. If the police come to the scene, they will usually issue a police report describing the accident, damages, and any injuries. In some circumstances, the police may list one driver as “at fault” in creating the accident. While this can be helpful for your case, and even speed up your claim, the police report’s fault determination isn’t definitive over your case’s results. If the other driver is listed as at fault on the police report, their insurance company will work to prove any fault the victim may have had in creating the accident. In other words, just because the police report says the other driver is at fault doesn’t mean that you will automatically collect a fair settlement.

You Will Always Have Two Years From The Date Of The Accident To File Your Claim In Court

In general, the statute of limitations (or the time limit you have to file your claim in court) in Arizona will be two years from the accident date. There are some exceptions to this rule that may apply in your case. For example, the statute of limitations for a minor injured in an accident doesn’t start running until they turn 18, if a parent or legal guardian hasn’t already filed a claim on their behalf. The statute of limitations for claims filed against some government agents is reduced to 180 days.

If Your Injuries Are Permanent, You Can Collect Additional Damages From The Defendant In The Future

If your injuries are expected to last several years or the rest of your life, you can be compensated accordingly in your personal injury claim. However, you only have one shot to collect damages from your injuries, which means you must request your future medical costs in your claim. This damage can be particularly complex to calculate, and may require input from several medical experts. If you have permanent injuries from a serious accident, you should review any settlement offers with a personal injury attorney before signing.

You Will Need To Pay To Retain Your Personal Injury Attorney

The good thing about hiring a personal injury attorney is that most don’t require you to pay anything up front. Most personal injury attorneys will charge you what is known as a contingency fee. This means that your attorney will agree to an amount to take from your award, whether through settlement or winning at trial. You will pay your attorney out of your final award. This allows you to focus on medical and everyday expenses, rather than retaining a quality injury lawyer. But not all attorneys charge the same contingency fee, which can result in a substantial difference in the final check you receive. It’s industry standard to charge a contingency fee of about 33%. So if you settle your case for $60,000, your attorney will receive $20,000 of that. At Tucson Injury Lawyers, we offer a guaranteed discount contingency fee of 25%. In that same case, your attorney would instead receive $15,000. That’s a potential savings of $5,000 for you, and that will only increase with the value of your claim. For more information about filing your personal injury claim, as well as for more information about our discount fees, call or use our online form to schedule your free case evaluation today.

If you find yourself or a loved one in an accident and are seeking experienced representation at a fraction of the cost of other Tucson Accident Attorneys, make sure to give our Tucson Injury Law Office a call. Our dedicated Injury and Accident Lawyers can assist you and get you what is yours.



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Injury Lawyers Tucson
2 East Congress St., Suite #900-6A
Tucson, AZ 85701

Phone: (520) 441-1450
Email: info@tucsoninjurylawyers.org