Common myths about personal injury law
There are a lot of myths and half-truths floating around about personal injury law. Usually these so-called “facts” are based on second and third hand stories of lawsuits and bad advice from unqualified advisors. Perhaps there’s even been too much Hollywoodizing of the legal process.
Wherever these myths are born, they can steer people in the wrong direction and bad legal advice can cost people money they desperately need to pay for medical bills after an accident.
Here are some of the most common myths:
Myth: Filing a personal injury claim will result in a long and hotly contested legal battle.
Fact: A lot of personal injury claims don’t even make it to the courtroom. Most are settled out of court and often within a year since the claim was first filed. Only complicated cases take longer than a year and those types of cases are rarer than you might think.
Myth: If you know you were not at fault, you will be compensated for your injuries.
Fact: Knowing you deserve legal compensation is not the same as proving you deserve legal compensation. You could be totally right and deserve to have damages paid, but if you do not seek the legal counsel of an experienced personal injury attorney, you could be in for trouble. A qualified lawyer who knows the laws of your state will be your best bet to represent you against the insurance companies.
You should also contact a lawyer even if you believe you were at fault. Many states have systems of proportional liability meaning in the eyes of the law, multiple parties contributed to the accident or injury. In some cases you may still receive compensation.
Myth: You have to wait to receive medical attention until you file your claim.
Fact: I’m not sure where this rumor started, but it’s wrong for two very important reasons. First, you shouldn’t wait in suffering from injury or illness caused by another’s negligence. Go get help! The other reason is that if you delay treatment, it may affect the outcome of your case. Your treatment should be handled quickly and in a manner appropriate for the injury.
Myth: Personal injury lawsuits will get you millions of dollars.
Fact: This is a myth that is probably started by the excessive amounts of media coverage given to a small number of exceptional cases. The overwhelming majority of cases are not multi-million dollar blockbusters. Personal injury lawsuits are not “get rich quick” schemes. They are designed to help people cover medical expenses after traumatic injuries and occasionally assess punitive damages to deter future injury.
Myth: You don’t really need a personal injury lawyer.
Fact: Some people choose to simply go it alone and accept the amount offered by insurance companies. You should know, though, that an insurance company is going to look out for itself and may not pay you the amount you’re entitled to. Even if you aren’t sure you want to hire a lawyer, you should consult one before you make any decisions just to make sure you know all your rights. Many firms, like ours, offer free consultations. We also don’t take any up front payments. We only take a fee if we are successful in representing your case.
Myth: You only have ___ years to file a lawsuit.
Fact: Statute of limitation laws vary from state to state and depend on the type of claim you are seeking. Refer to this article we published on our website for some basic information and if you still have questions, feel free to contact our office.
