When it comes to personal injury law, misinformation is rampant. From TV programs to watercooler discussions, myths and misconceptions tend to obscure the fact of how personal injury claims truly function. If you’ve been injured as a result of another’s negligence or if you simply wish to learn your rights, it’s imperative to separate fact from fiction. In this article, we’ll debunk some of the most common personal injury myths and shed light on the truth behind them.
Personal Injury Lawsuits Are Frivolous and Only About Money
Truth: One of the most persistent myths is that personal injury claims are filed by people looking to make a quick buck. In reality, the majority of personal injury lawsuits are brought by individuals who have indeed been harmed—physically, emotionally, or economically—and who seek to recoup fair compensation for their damages. The damages may come in the way of medical expenses, lost income, continued therapy, and pain and suffering. A lawsuit is not about becoming wealthy overnight, but making the guilty party take responsibility and heal from a life-changing experience.
You Can Sue at Any Time
Reality: Timing is everything. Every state has a statute of limitations that provides a time limit within which cases of personal injuries need to be filed. The time period varies from one to six years, depending on the jurisdiction and the nature of the case. If you delay too long, you can lose your right to sue, regardless of how good your case is. It is recommended that you talk to an experienced personal injury lawyer as early as possible following an accident in an attempt to prevent you from losing precious time limits. Myth 3: Minor Injuries Do Not Need Legal Action
Reality: Although the injury could be minor in the beginning, it does not mean the injury will not create long-term consequences.
What might be a minor bump on the head or sore back can turn into a chronic disease or need continuous treatment. It is always better to see a doctor immediately after an accident and obtain complete records. A legal claim can be utilized to pay for any medical bills and lost wages that occur, even from what seem to be minor injuries initially. Myth 4: Insurance Will Cover Everything
Fact: Insurance companies are corporations—and as with all corporations, their objective is to generate profits.
That generally results in restricting payments or refusing legitimate claims. Most people wrongly assume their insurance (or the other guy’s insurance) will pay for everything. In fact, insurers often attempt to settle claims promptly and for the lowest possible sum. Having an attorney can ensure you get a reasonable compensation, not just the minimum. Myth 5: You Don’t Need a Lawyer for a Personal Injury Claim
Reality: It’s theoretically possible to represent yourself in a personal injury case, but it’s rarely a good option—especially when there are serious injuries.
Personal injury law is usually complicated, and insurance companies employ armies of attorneys to defend their own interests. A skilled personal injury lawyer knows how to work the system, obtain evidence, negotiate settlements, and fight for your best interests. In the majority of instances, injured victims who have an attorney recover substantially more money than those who represent themselves. Myth 6: If You Were Partially at Fault, You Can’t Recover Damages
Fact: Most states employ comparative negligence laws, and that allows you to obtain damages even when you were partly to blame for the accident.
Your recovery can be decreased by your fault percentage, but you are not precluded from recovery. As an example, if you were held to be 20% at fault and the damages totaled $100,000, you would recover $80,000. Knowing the rules of fault in your state is important, and an attorney will assist you with this area of your case. Myth 7: All Personal Injury Cases Go to Trial
Fact: The overwhelming majority of personal injury claims are settled rather than tried by court. Trials are time and costly for plaintiffs and defendants, and thus plaintiffs and defendants are generally incentivized to settle beforehand. But if settlement will not occur on fair terms, going to trial can be the best option. Your case will be readied for trial by a personal injury attorney from the very beginning but he will quite often look for the most effective way to an equitable resolution.
You’ll Get Compensation Right Away
Reality: Personal injury claims may be delayed, based on the severity of the case, the degree of injuries, and whether trial is required.
It is hardly shocking for the process to take months—perhaps even years—to run for severe injury or contentious liability. While it can become irritating, time tends to be devoted to considering painstaking documentation of proof, negotiations with insurers, and preparing for potential trial. Don’t lose your temper so that you receive compensation that you deserve. Myth 9: Emotional Distress and Pain & Suffering Aren’t Worth Pursuing
Reality: Psychological and emotional harms caused by an injury could be equally as much harm as their physical equivalent. Personal injury lawsuits commonly factor in paying for pain and suffering, emotional distress, and loss of the enjoyment of life. These damages can be harder to put in a box, but it doesn’t necessarily make them any less real—or recoverable. Any good attorney can come up with a way to substantiate and push these non-economic damages in your case.
Myth 10: If There’s No Visible Injury, There’s No Case
Fact: Invisible injuries do exist. Whiplash, brain trauma, internal trauma, and mental trauma all may be the consequence of an accident—regardless of whether or not there are bruises or broken bones. Conditions develop over time, and that is why timely medical inspection is so important after an accident. If a doctor inspects an injury and it can be traced back to the accident, you might very well have a valid claim.
Conclusion: Know Your Rights, Protect Your Future
Personal injury law is there to safeguard victims of another’s negligence. Alas, misconceptions and myths tend to discourage individuals from claiming the justice and compensation they rightfully deserve. If you or someone you love has been injured, don’t be swayed by misinformation.
Know the reality regarding the law of personal injury is the beginning of becoming an informed, empowered decision-maker. Always sit down with a seasoned lawyer who will give you your own personal advice. With good advice, you can navigate the law confidently and receive the compensation you require to resume living your life.
