Alix Digout
After a car accident, most folks find themselves trying to navigate an unfamiliar process, which often compounds the physical and financial traumas caused by the collision. Those unexperienced with personal injury claims may fall victim to common misconceptions. Here are a few:
- Every injury warrants a claim: While injuries can be distressing, not every one of them qualifies for a personal injury claim. In order to pursue a successful personal injury claim, you have to be able to prove that someone else’s negligence (actions or inaction) caused the injuries.
- Filing a lawsuit is always necessary: While some cases may require litigation, many are resolved through good old fashion letter writing, negotiations or alternative dispute resolution methods like mediation or arbitration.
- You have unlimited time to file a claim: Many believe they can file a claim whenever they want. However, for most personal injury claims in Nova Scotia, you have two years from the date of the accident/incident to have either settled your claim or filed a lawsuit with the Supreme Court of Nova Scotia to continue your right to pursue a claim.
- Treatment benefits are only available if I’m not at fault: FALSE! No-Fault Accident Benefits through Section B of your auto insurance policy are available regardless of whether or not you caused the collision. It is important to remember that accessing these benefits does NOT increase your insurance premiums.
- You can handle it alone: While you can pursue a personal injury claim without retaining a lawyer, navigating the legal and insurance systems can be complex. An experienced personal injury lawyer can provide invaluable guidance and increasing your chances of receiving fulsome compensation for your injuries and losses. MDW Law offers free consults so you can review the specifics of your your situation with us.
- All lawyers are the same: Not all lawyers specialize in personal injury and insurance law, and even among those who do there may be a difference in the subject matter they focus on, i.e., some may work solely on class actions, medical malpractice claims, or long-term disability claims, etc. Choosing the right lawyer can significantly impact the outcome of your case.
- You can’t afford legal representation: Many personal injury lawyers work on a contingency fee basis, meaning legal fees are only paid upon the successful settlement of your claim. This arrangement makes legal representation without the burden of paying for a retainer up front and legal fees throughout the duration of your claim.
Understanding these myths and misconceptions can help individuals make informed decisions when pursuing a personal injury claim. At MDW Law, we offer complimentary consults to support and guide you through the complexities and nuances of the personal injury claim process.