How much do you know about personal injury law?
If you are like most people, you know very little. In fact, most people are completely misguided about the ins and outs of personal injury cases. There are so many misconceptions about this area of law that even legal experts are confused.
These misconceptions hurt you. They cause people to miss out on compensation they rightfully deserve following an accident. But here’s the worst part…
Insurance companies love these myths because they discourage people from filing a claim.
In this guide, I want to expose the biggest personal injury law myths. By the end of this article, you will have a clear idea of what to expect when pursuing your own personal injury claim.
The Topics Discussed:
- The Facts About Personal Injury Claims
- The Biggest Myths About Personal Injury Claims
- The Times You Actually Need to Hire an Attorney
Personal Injury Law Explained
The purpose of personal injury law is quite simple:
It is designed to help victims recover from their injuries and losses when they were harmed due to someone else’s negligence.
If you are injured due to the careless or reckless actions of another person, you should not have to pay the price for their mistakes. Personal injury law is there to help you, whether your case involves a car accident, a slip and fall, or medical malpractice. Working with a Bristol personal injury lawyer can help you understand your legal rights and options so you can fight for the compensation you deserve for medical expenses, lost wages, and pain and suffering.
What Most People Don’t Know:
There are an estimated 39.5 million personal injury claims that require medical treatment each year just in the United States. That’s a staggering number and makes it very clear just how common these types of injuries are.
The personal injury claim process is also not as bad or as scary as people think. In most cases, the process is quite similar from start to finish. Most cases end in a settlement agreement, and very few personal injury cases go to trial.
The Biggest Personal Injury Claim Myths
Okay, time to crush these myths once and for all. Here are the biggest personal injury claim myths that prevent people from getting the compensation they deserve every year.
Myth #1: All Personal Injury Cases Go to Trial
This is the number one myth of all.
Truth: Only 2% of civil suits ever make it to trial. That means that the vast majority of personal injury cases settle before ever seeing a courtroom.
Why do people think all cases go to trial? Simple. The media loves a good courtroom drama. But they are not reporting the thousands of cases that settle out of court every year.
Insurance companies also prefer settlement as well. Trials are costly and unpredictable. Most personal injury lawyers will fight hard to negotiate the best settlement for their clients, without ever setting foot in a courtroom.
Myth #2: Personal Injury Cases Take Years to Resolve
Yet another common myth.
The truth: This can be a bit of a nuanced answer. For simple claims, it is not uncommon to get everything settled in just a few months. If your case is more complex, it might take longer.
In most cases, however, your case is not going to take years to resolve.
This timeline is also going to depend on several different factors such as:
- The severity of your injuries
- Liability
- Insurance company cooperation
- Length of your medical treatment
Your attorney should be able to give you a realistic idea of your case timeline.
Myth #3: Most Claims are Frivolous
This is a big one that insurance companies love.
Insurance companies would like you to believe that personal injury lawsuits are filed by a bunch of money-grubbing greedy people.
But, the truth is, 70% of those who filed a personal injury claim received a payout because their claims were indeed legitimate.
Think about it…
Why would ethical attorneys waste their time and effort on bogus cases? Remember, personal injury lawyers work on a contingency basis. They will not take on a case that has no merit.
In most cases, personal injury claims are filed by real people with real injuries and real financial burdens. Medical bills start to accumulate fast. Lost wages from time off work can cause stress. Pain and suffering affects the quality of life.
Myth #4: You Do Not Need a Lawyer
This is another misconception that can cost you thousands of dollars.
Yes, you can technically file a claim without the help of a lawyer. But is it a good idea? No.
Personal injury law is not a straightforward area of the law. Insurance companies have teams of experienced adjusters who will try to pay you as little as possible.
Without an attorney, you will likely have a difficult time with:
- Navigating legal procedures
- Figuring out how to calculate fair compensation
- Negotiating with insurance adjusters
- Meeting deadlines
Insurance companies will take advantage of your inexperience and lack of knowledge. You will not know your rights.
A skilled and experienced attorney, on the other hand, will level the playing field so that you can fight for a fair settlement.
Myth #5: Minor Injuries are Not Worth Pursuing
Don’t fall for this one.
Just because your injuries are minor today does not mean that they will not get worse in the future. Whiplash can quickly turn into chronic pain. “Only a bump on the head” can have lingering problems later.
Plus, even minor injuries come with a price. Medical bills, missed time at work, and pain and suffering still deserve compensation. Do not assume your injury is too minor to file a claim.
Myth #6: You Have All the Time in the World to File
This one is especially dangerous.
Each state has what is known as a statute of limitations. This is a law that places a deadline on filing your claim.
If you miss the deadline, you will never be able to get compensation for your injuries.
The statute of limitations clock starts on the day of your injury. In most states, you have from one to three years to file. But some claims have even shorter statutes of limitation.
The best advice is to never wait. Contact an attorney as soon as possible after your accident. They will ensure you do not miss any of the critical deadlines.
Myth #7: Hiring a Lawyer is Too Expensive
Most people make this assumption.
Here is the reality: Most personal injury attorneys work on a contingency fee basis. You do not pay anything upfront. Nada. Zip. Zero.
Lawyers only get paid if you win. The attorney’s fee comes out of your settlement or award. If you do not win, you do not pay legal fees. This arrangement has made justice available to everyone.
The Times You Need to Hire an Attorney
Now that we’ve covered the myths let’s talk about when you should call an attorney.
You should contact an attorney immediately if:
- Your injuries are serious or permanent
- Medical bills are starting to pile up
- The insurance company denies your claim
- You are being offered a low settlement
- Liability is unclear or disputed
Even if you are not sure you have a case, it’s always best to at least reach out to a law firm. Most personal injury attorneys offer free consultations. So, there is no reason not to ask questions and get professional legal advice.
Wrapping It Up
Personal injury law is not the mystifying maze most people think. Personal injury myths and misconceptions keep far too many injured people from seeking the compensation they deserve.
Remember these key facts: Most cases are settled and do not go to trial. Legitimate cases are far more common than frivolous cases. Most attorneys work on contingency fees. There are strict timelines for filing claims. Minor injuries are still worth pursuing.
Insurance companies are always the ones who benefit when you believe these myths. They save money every time someone decides not to file a claim because it’s too hard, too expensive, or not worth it.
Don’t let misinformation cost you thousands of dollars. If you have been injured through someone else’s negligence, reach out to a qualified personal injury attorney and get the facts about your specific situation.
