7 Personal Injury Myths
By Steven Schwartzapfel

In cases involving wrongdoing and fraud, Steven Schwartzapfel & his Firm consistently act to protect the rights of the individual.  Steven Schwartzapfel's lawsuit and litigation record shows his Firm's commitment to fighting for the rights of the injured. Steve is proud to be recognized by Super Lawyers for 6 consecutive years, most recently for 2012 and 2013.

This website is provided by me, Steven Schwartzapfel to bring to light the 7 personal injury myths most people do not know about.

For the past thirty years it has been my privilege and honor to represent individuals and their families who have been
seriously injured, maimed, disabled, or killed as a result of someone else’s wrongdoing.
It is my genuine hope and desire that this website helps you avoid making the costly mistakes that can ruin your claim. Even if we do not accept your case, we still want to educate you so you don’t fall prey to the insurance company's tactics, or to lawyer ads on TV making promises they can’t keep. This website allows you to make an informed decision immediately and informs you how best to go about protecting your rights.

7 Personal Injury Myths by Steven Schwartzapfel

1. MYTH: The insurance adjuster is on your side and is there to help you.
TRUTH: The insurance adjuster is paid to protect the interests of his or her employer—the insurance company.

2. MYTH: The accident wasn’t your fault, so some insurance company will automatically pay for the property damage to your car, your medical bills, your lost wages, and your injuries.
TRUTH: The insurance company will fight you every step of the way.

3. MYTH: When you are in an accident and the insurance company calls and asks for a recorded statement, you must give them one or they will not settle with you.
TRUTH: The insurance company would like you to give a recorded statement so they can use it against you later. New York law does not require you to give a recorded statement.

4. MYTH: The accident wasn’t your fault, so if you give the insurance company a recorded or written statement they will pay for property damage and medical bills.
TRUTH:The insurance company will take whatever steps are necessary to limit payouts.

5. MYTH: The insurance company will make a fair and reasonable settlement offer.
TRUTH: The insurance company is under no obligation to make any settlement offer. They will dangle the possibility of an offer only to obtain as much information as they can gather to use against you later. If a settlement offer is made, it will be below the actual value of your case.

6. MYTH: The insurance company will not offer or pay more money if you hire a lawyer.
TRUTH: The insurance company’s own research shows settlements in cases where the injured person is represented by a lawyer are significantly higher and the client receives more money even after payment of attorney’s fees.

7. MYTH: The accident wasn’t your fault and you sustained such serious injuries that if you just tell the insurance company adjuster or go to court and tell the jury your story, they will feel badly for you and give you money to compensate you for all your losses. TRUTH: Jurors are not generous. Focus groups have proven that jurors are often skeptical, cynical and reluctant to believe the injured party. Jurors have become desensitized to blood and gore after seeing so much of it on TV and in realistic video games. It has become increasingly difficult for an injured person to recover the full value of his or her losses without having retained a highly experienced and well qualified lawyer.

Steven Schwartzapfel has been awarded the prestigious AV rating in Martindale-Hubbell, repeatedly named to The New York Super Lawyers List and selected as one of the Top 100 Trial Lawyers by the American Trial Lawyers Association.

He actively supports Law Education by sponsoring the Steven Schwartzapfel Fellowship at the Tour College Jacob D. Fuchsberg Law Center.

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