There is no way to predict what will happen after a car crash. This area of the law is well populated with myths.
Every car crash is different, and no two people will have the same experiences or injuries. Yet surprisingly, personal injury law dealing with vehicle collisions probably has the most myths than other areas of the law. For example, I’ve met a great many people in the course of my practice as a Sacramento personal injury lawyer who think that every state has the same auto injury laws. Nothing could be further from the truth.
The facts are that some states follow the no-fault law; some follow at-fault laws; some insist drivers buy liability insurance; some don’t. Honestly, it’s a mixed bag and nothing is the same. This is even truer when it comes to the states that have at-fault laws. Who pays for what in accidents in those states is extremely confusing even for experienced drivers.
No-fault means what it says; it doesn’t matter who caused the accident, a victim is permitted some specific benefits from their own auto insurance company. Some of those benefits may include medical bills and lost wages. At-fault considers who caused the accident and what percentage of the damages were caused by those at fault. This results in each person’s insurance company paying for their portion of injuries and property damages.
Other people I have spoken to as a Sacramento personal injury lawyer, feel that they are able to collect pain and suffering damages because they are pain. This isn’t the case and in reality, many states have clearly defined requirements for a victim to pass before they are able to recover damages for pain and suffering. Being in pain isn’t enough to get that kind of compensation on top of medical expenses and lost wages. Damages for pain and suffering only kick in if the victim suffered one of three types of injuries: a serious impairment of body function, permanent and serious disfigurement, or death.
Death doesn’t need explaining, but permanent and serious disfigurement does. It is usually classified as the loss of a body part, burning, scarring or an injury that changes how a person looks. Serious impairment of body function refers to a wound that impinges on the victim’s ability to live a normal life. Each case is regarded differently, depending on what the person does for a living.
Many people read the news and they hear about multi-million dollar settlements in personal injury cases involving car accidents. They think they are easy to get. That is definitely not the truth. The fact is that any Sacramento personal injury lawyer will tell you that they’ve had cases thrown out of court with a goose egg for compensation – yes, even though the plaintiff victim had catastrophic life-altering injuries.
The actual truth here is that personal injury law changes all the time; virtually with every new case. Be aware that in tough economic times defense counsel is not beyond being more aggressive and using sneaky tactics to get their client(s) off the hook to pay for injuries.
Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento personal injury lawyer in California. To learn more, visit www.lawbarron.com.
