I Am Getting a Windfall or the Court System Is a Lottery is a Personal Injury Myth

There are many misconceptions about personal injury cases. This is due in part to the misinformation that has been put out by the insurance industry. It is also due to the lack of information that is available to the general public on this subject. I am going to put these myths to rest once and for all. One of these myths is that the accident victim is getting a windfall or in other words the court system is a lottery.

When a potential client comes into my office and the first thing they ask me is: “How much is my case worth?” or “How much money am I going to get?” I know that they have been reading a lot of misinformation. Some people think that because they were injured in an auto accident that their ship has come in. That they are going to be taken care of the rest of their life. This is usually not the case. Accidents are not gifts. They cause serious injuries to innocent victims.

Personal injury cases can be difficult to prove. You not only have to prove that the accident was not your fault but you have to prove that your injuries were caused by the accident. Also know that there will be insurance companies trying to dispel all of your claims. If you get over these hurdles you must then convince the jury that your injuries are worthy of compensation.

When a case is presented to a jury it is your burden to prove liability and damages to the jury by a preponderance of the evidence. Juries in Kentucky have historically been very conservative. In other words, it is difficult to convince them to give a large and fair award for damages unless the injuries are significant. The insurance companies know this. They factor this information into the computer programs they use to determine what the insurance company considers the value of your car accident case to be. In other words, what they will settle your accident case for. You must have provable damages to make a recovery.

No matter how large the settlement amount is it is never worth it if you are truly injured and must endure pain for the rest of your life. There is a lot of truth to the old phrase "Money can't buy everything".. There are many out there that would love to buy their pre-accident lives. There are no windfalls.