Arizona is a beautiful state, but its roads can be lethal. It is home to America’s deadliest intersections and Pheonix is one of the worst cities for drunk driving.
Even though auto accidents are such a common occurrence, how to pursue a fair auto accident settlement isn’t very clear-cut for a lot of people.
Have you been in a car accident in Arizona, and are wondering what your options are? If so, don’t be taken in by these widespread myths about filing an auto accident lawsuit.
Car accidents can be life-altering, and you deserve full compensation for your injuries. Keep reading as we take a hard look at the most common assumptions and misunderstandings around the car accident lawsuit process
1. Filing an Auto Accident Lawsuit Isnt Worth the Hassle
A lot of people assume that filing an auto accident lawsuit isn’t worth the time, the money, or the hassle. Accepting an accident settlement from your insurance company is simpler, but it could mean denying yourself adequate compensation.
Insurance carriers aren’t there to offer generous compensation amounts. They exist to make a profit, and their initial offers are often lower than what you receive if you filed an auto accident lawsuit.
Of course, every case is different. But if you have a strong case, or have sustained serious injuries it’s usually worth your while to push for a higher auto accident settlement.
This is especially true if your injuries might impact you in the future. Auto accident injuries can leave you with long-term medical issues. Sometimes, these issues won’t be apparent immediately.
It’s very unlikely that the insurance carrier is going to fairly evaluate the future impact of your injuries. On the other hand, if you hire an accident lawyer they’ll refer you to medical experts who can accurately assess the long-term effects of your injuries.
These impacts can include loss of quality of life, medical expenses, and lost earnings.
A good accident lawyer will also have access to expert witnesses that can substantiate your claim.
Finally, filing an auto accident lawsuit isn’t as time-consuming as many people think. If you engage the right lawyer, they will handle all of the details.
2. Fighting an Auto Accident Lawsuit Is Unaffordable
Another big misconception that stops a lot of people from seeking legal help is cost concerns. This is understandable, given that only 4-in-10 Americans can cover a $1,000 emergency from their savings.
Rising costs of living have left many people struggling to meet their basic expenses. Let alone shell out money on legal fees. Even though inflation is down, prices are still elevated.
Legal services can be costly, especially if your case is complicated or involves high stakes.
But, legal help doesn’t have to impoverish you and the costs don’t have to be a barrier that stops you from seeking justice. Most attorneys are aware that victims can’t afford to lay out money they don’t have, especially if the case outcome isn’t guaranteed.
This is why many firms, including Sweet Lawyers, operate on a contingency fee plan.
With a contingency fee structure, you don’t have to pay anything upfront. Instead, the legal firm takes a percentage fee when you are awarded your settlement.
Most contingency fee structures are based on a no-win no-pay structure. In other words, if the lawyer doesn’t win your case, you don’t have to pay.
Depending on the fee agreement, you might have to pay certain separates that were incurred, such as filing and court fees.
With Sweet Lawyers, you pay nothing unless we recover.
3. Contingency Plans Eat Up Most of Your Settlement Money
If you’re already aware of contingency plans, you might have heard that they aren’t worth it, because the contingency fee will eat up almost all of your settlement money.
This is not correct. Most contingency fees range between 20% and 50% of the total settlement amount. If you hire a good Pheonix attorney, this maximizes the chance of a high settlement. Even if you have to pay them 50% of the total, you will likely still end up with more compensation than if you accepted a lowball offer from an insurance carrier.
4. Filing an Auto Accident Lawsuit Is a Gamble
Another thing that discourages auto accident victims from filing is the feeling that lawsuits are a gamble. In some situations, it is a gamble to pursue a lawsuit.
If you don’t have a strong case, and you’re paying a lawyer a retainer, you might end up in a worse financial position.
But for things like car accident cases, where lawyers offer contingency plans, you assume almost zero risk. If the case is unsuccessful, you won’t be burdened with legal costs you can’t pay.
5. You Don’t Need a Lawyer
Sometimes, car accident cases can seem relatively straightforward. If you have a comprehensive police report and medical evidence of your injuries, why would you need an attorney to prove your case?
Even if your case is relatively clear-cut, it’s still a good idea to have legal help in your corner. A car accident attorney will help you navigate the lawsuit process. They know what to file and when.
They also know how to effectively negotiate with insurance companies, without letting them lowball you. A Pheonix attorney will also be able to advise you on what amount to push for, when to accept an offer, and, in rare instances, when to take your case to trial.
An experienced accident lawyer might also be able to uncover key evidence to increase your auto accident settlement. Such as:
- Footage from surveillance cameras on nearby homes or businesses
- Cell phone data records
- Black box data from vehicles
- Criminal reports filed after the accident
- Further medical evidence and expert witness statements
A seasoned accident attorney will also be prepared for any underhand tactics from the defendant. Such as:
- Pre-trial motions
- Appeals that unnecessarily prolong the lawsuit process
- Venue changes
- Deposition tactics
Finally, hiring a lawyer also lets the insurance company know that you mean business. Once you have an attorney on your side, the carrier’s legal team will realize that they’re up against a noteworthy opponent. In some cases, merely hiring an attorney can trigger the insurance company to make a better offer.
6. It’s Better to Just File a Claim With The Insurance Company
If you’re struggling to get a fair auto accident claim, people might tell you that you’re better off accepting any offer, rather than going through the lawsuit process.
If yours isn’t a very large claim, you might be able to receive a fair settlement just by negotiating the claim amount with the carrier. But even in this situation, it’s usually best to seek an attorney’s advice. They will be able to determine whether the initial offer is fair (it usually isn’t) and how much you might be entitled to.
From here, they can help you negotiate with the insurance company. If the insurance company doesn’t come to the table during negotiations, your attorney can advise you on whether or not it’s worth going to trial.
7. I Can’t File a Lawsuit if I’m Partially At Fault
Were you partly to blame for the accident? If so, you might be under the assumption that you can’t file an auto accident lawsuit. This is not true.
Arizona is an at-fault state and follows the pure comparate negligence system. Both parties can share the blame for an accident, and both parties are entitled to claim for their losses.
The way this works is that each party’s percentage of fault determines the percentage of damages they have to pay to the other driver.
For instance, let’s say you were 30% at fault and the other driver was 70% at fault. Under Arizona law, the other driver is then responsible for paying 70% of your damages. You would be responsible for paying 30% of their damages.
8. I’ll Only Get Compensation for My Medical Bills and Vehicle Repairs
Another reason why victims hesitate to enter into the auto accident lawsuit process is they assume they’ll only get compensated for medical bills and vehicle repairs.
Depending on the extent of your injuries, you might be entitled to a lot more than this. Getting compensated for property damage and medical bills is the bare minimum.
If your injuries might trigger long-term complications, you should be compensated for any future expenses or loss of earnings associated with this. In some situations, you might also be eligible for pain and suffering, lost wages, or punitive damages. If your significant other was killed in the crash, you should also claim for loss of consortium.
9. A Car Accident Lawsuit Means Going to Trial
One of the biggest misconceptions victims have about the lawsuit process is they think they’ll be in and out of the courtroom.
Movies and TV shows make it appear as if every lawsuit goes to trial. This isn’t true. In fact, according to the Bureau of Justice Statistics, a mere 3-4% of personal injury cases ever reach the courtroom.
In the vast majority of cases, auto accident settlement cases can be resolved during the negotiation stage. Taking a case to trial is expensive. Most carriers prefer to spare this expense and settle before the case goes to trial.
If you have a fair case and a seasoned lawyer in your corner, the insurance company’s legal team will also realize that there’s no point in going head-to-head in the courtroom.
10. Youve Got Lots of Time to File
If you’ve never been involved in an accident before, you might not realize that there’s a deadline by which you need to file your auto accident lawsuit. The insurance carrier is almost certainly not going to make you aware of this deadline.
In Arizona, you have two years from the date of the accident in which to file your case. This might sound like a long time, but it isn’t.
If the insurance carrier employs multiple delaying tactics during negotiations, they can push you past the 2-year deadline, robbing you of the chance to seek justice.
11. You Can File a Lawsuit if Youre Not Happy With Your Settlement Offer
It is true that you can (and should) file a lawsuit if you’re not happy with the settlement offer you get. But, you can’t accept the offer and then file a lawsuit. If you do, your auto accident lawsuit will be automatically rejected.
12. Taking Someone to Court Over a Car Accident Claim Can Financially Ruin Them
Sometimes, victims worry that pursuing a car accident lawsuit will financially impoverish the other party. Just because they were the at-fault party doesn’t mean they are a bad person.
Fortunately, your pursuit of justice isn’t likely to result in financial ruin for the other party. Here in Arizona, drivers are required by law to carry at least $25,000 in bodily injury liability per person, up to $50,000 per accident. They’re also required to hold $15,000 in property damage liability insurance.
You might also be able to seek compensation through your own insurance company if you hold underinsured motorist coverage.
You also never know what comes up during the lawsuit. It might turn out that although the other party was acting negligently, their brakes weren’t functioning properly which contributed to the impact.
In this case, they might share liability with another party, such as the auto shop (if it was an installation issue) or the part manufacturer.
Or, if you were involved in a truck accident, the trucking company might hold some level of liability. For instance, they might not be adhering to The FMCSA’s Hours of Service (HOS) regulations outline, which resulted in driver fatigue.
Are You Thinking of Filing an Auto Accident Lawsuit?
If you’ve been involved in a car accident in Phoenix, you need to ensure you get paid out fairly for your injuries and the damage to your vehicle. You might also need to claim for pain and suffering, punitive damages, or loss of consortium.
Don’t let these common auto accident lawsuit myths stop you from getting just compensation.
Are you in need of an experienced Phoenix auto accident lawyer you can trust? Here at Sweet Lawyers, we specialize in auto accident cases.
We operate on a contingency fee basis, hold a 98% success rate, and have recovered millions in damages for our clients.
Contact us today if you would like to discuss your case.
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