5 Common Myths About Personal Injury Settlements
If you have been injured in an accident that was someone else’s fault, Alabama law allows you to pursue compensation against them by filing a legal claim. You may be able to recover money for both the economic and non-economic damages you’ve sustained as a result of what happened.
However, there is a lot of misinformation out there about how the settlement process actually works. Believing the wrong thing at the wrong time can, in a worst-case scenario, prevent you from recovering anything at all. Below are five of the most common myths about personal injury settlements in Alabama and the truth behind each one.
Myth 1: You Can Still Recover Money Even if You Were Partly at Fault
This is one of the most dangerous misconceptions for Alabama accident victims. Most states follow a comparative negligence system that reduces your compensation based on your share of fault. Alabama does not. The state follows a strict contributory negligence rule, which means that if you are found to bear even the slightest degree of responsibility for the accident, you could be completely barred from recovering any damages.
The other side’s insurance company will look for any opportunity to pin even a small amount of blame on you because of this framework. Having an attorney in your corner who understands how to counter these tactics is critical in a state like Alabama.
Myth 2: The Insurance Company Will Offer You a Fair Amount
Insurance companies are businesses at the end of the day; their goal is to pay out as little as possible on every claim. As a result, the settlement offers they make are almost always lower than the true value of your claim.
Some of the strategies insurers use to minimize payouts include:
- Pressuring you to accept a quick offer before you fully understand your injuries
- Requesting recorded statements that can later be used to undermine your case
- Disputing whether certain medical treatments were necessary
- Arguing that your injuries existed before the accident
An experienced attorney can handle these communications for you and push back when the offer falls short.
Myth 3: You Have a Long Time to File Your Claim
Alabama gives you just two years from the date of your injury to file a personal injury lawsuit under Alabama Code § 6-2-38. That window might sound like enough time on the surface. However, building a successful case requires investigation and negotiation, all of which take longer than most people expect.
Waiting too long can also allow key evidence to disappear and witnesses to forget important details.
Myth 4: Small Injuries Are Not Worth Pursuing Claims for
There is no minimum threshold for filing a personal injury claim in Alabama. Injuries that seem minor at first can end up leading to ongoing medical treatment and lasting discomfort. Alabama does not cap compensatory damages in most cases, so the full extent of your losses can be pursued regardless of how the injury appeared initially.
Myth 5: You Do Not Need an Attorney To Settle Your Case
You are technically allowed to handle your own personal injury case in Alabama. However, doing so is risky. Since the state follows a very strict contributory fault system, as discussed above, one misstep in how you describe the accident or respond to the insurer could give the other side the ammunition it needs to deny your claim entirely.
Contact Belt, Bruner & Barnett Personal Injury Lawyers Today To Schedule a Free Consultation With a Montgomery Personal Injury Attorney
Personal injury claims in Alabama come with unique legal challenges that do not exist in most other states. Falling for any of these myths could leave you without the compensation you need to move forward after an accident, so it’s worth getting some legal advice before you decide exactly what to do next.
Call Belt, Bruner & Barnett Personal Injury Lawyers to set up a free consultation with a Montgomery personal injury lawyer today to get started with your case. You may be able to recover a significant amount of money damages from the opposing party if you take appropriate legal action.
We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas. We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Huntsville, AL, 35801
(256) 781-9242
Or find us with our GeoCoordinates: 34.73159361945047, -86.58690898412395
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098
Or find us with our GeoCoordinates: 32.373594220209505, -86.3092041262694