The Top Four Myths Associated With Car Accident Cases: What You Should Know


December 29, 2015

Undoubtedly, believing certain myths poses significant problems in many aspects of our lives, especially when it comes to car accident cases. All too often, we meet with individuals who, due to certain misconceptions about their rights and responsibilities following a car accident, were unable to file an otherwise sustainable personal injury case. The common reason for this is that the accident victims waited too long to file their cases because it took them too long to understand that they had justifications for the lawsuits. This scenario, while it can be surprising, is relatively common and causes people to make devastating and sometimes irreversible legal mistakes. As such, our team of Atlanta personal injury attorneys has compiled a list of the most common myths associated with auto accident cases, hoping to help you avoid falling prey to myths that could cost you your right to receive the compensation to which you are entitled.

Consider the following:

1. The other driver has been in numerous accidents, which can help prove fault in my case.

This is not true. Just because another driver was involved in other accidents does not mean that he caused your crash. In fact, courts look to the facts at issue in a present case, not necessarily to those related to accidents that occurred in the past. Many people delay seeking legal assistance because they believe that a case is a "slam-dunk" and by the time they consult with a skilled attorney, there is no time to find the necessary evidence of liability.

2. Past injuries I sustained in previous accidents are irrelevant to my current case since I have fully recovered.

This is false. Previous injuries, even if completely healed, are often raised as a means of trying to reduce the monetary damages award in a current case. To illustrate, if you sustained a back injury in a car accident two years ago and re-injured it in your most recent accident, opposing counsel will likely try to argue that you are entitled to less damages since the condition was pre-existing, and partially or completely caused by the previous incident. On the other hand, it is also possible your accident exacerbated your preexisting condition. Only a qualified Atlanta personal injury attorney is in the best position to advise you of your legal options in this regard.

3. If I sign a release and my injuries become worse afterwards, I can still go back and ask for more money later on.

False! Once you sign a release, your time to go back and obtain further monetary damages is over. Oftentimes, an insurance company will try to persuade you to sign a release of liability before you have had a chance to truly understand the nature and scope of your injuries. That is why it is critical to speak with a qualified Georgia Auto Accident Lawyer who can help you determine what a fair settlement of your case should be.

4. I do not need a personal injury attorney as the opposing counsel is willing to settle my case.

This is definitely not true. While the law does not require that you hire a personal injury attorney, it is highly recommended that you retain one. Even if the opposing counsel or insurance company is willing to offer you a sum of money, it is likely not fair in light of the facts of your case. Only an attorney can advise you of your rights and responsibilities, as well as assess your case to help you to determine whether you should settle your claim or take further legal action. Do not wait – consult with a qualified car accident attorney who can fight for your rights and maximize your chances of obtaining the compensation you deserve for your injuries.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Case!

Do not allow certain myths to prevent you from seeking the damages you deserve for your injuries. The Atlanta Auto Accident Attorneys at Montlick & Associates have the experience you need to make a difference for you. In fact, our firm has been successfully representing those who suffer serious injuries from auto accidents throughout all of Georgia and in the Southeast for more than 30 years, including, but not limited to, all smaller cities and rural areas in the state. Wherever you are located, our dedicated team of attorneys is just a phone call away and we will even come to you. We work hard to be recognized as the best personal injury attorneys in the Southeast. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You also can visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.