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Top Myths About Personal Injury Claims

Wed 31 Aug, 2022 / by / Personal Injury

Unless you have filed a personal injury suit, the entire process can seem daunting and mysterious. Misconceptions about personal injury claims can prevent deserving people from getting paid the money that they deserve. It can also enable negligent people and businesses to continue practices that put others in harm’s way. Here is a list of the top myths about personal injury cases.  

1.     If You Have Insurance, You Don’t Need a Lawyer  

This is one of the most common mistakes that prospective claimants make. They assume that they will just be covered because they already have insurance. This can be a very costly mistake. Even if you have insurance, that does not mean that you do not need an attorney to help you arrive at a maximum settlement. Insurance adjusters will say all the right things—that they feel bad for you and will make it right. At the end of the day, their job is to pay as little money as possible. In a vulnerable state, injured people may be desperate to take the first offer. Attorneys will push back if an offer seems too low. Additionally, even if you do have insurance, your insurance provider (or the insurance provider of the person who injured you) could deny the claim. This is another time when having an experienced personal injury will help you maximize your settlement. Many people are also under the wrong impression about what their insurance will cover. Often, people have insufficient coverage. That false impression could cause a prospective claimant to miss the deadline to file.  

2.     You Can Wait to File a Personal Injury Claim at a Different Time

In personal injury cases, as well as other causes of actions, people can mistakenly think that they can file a case whenever. But most states have a statute of limitations. This is essentially a time limit that the state imposes that prevents people from bringing a case after a certain amount of time. The time usually begins when the accident happens or when the person should have become aware that there was an injury. This means that it is incredibly important to consult a personal injury attorney as soon as possible after the incident occurs.  

3.     Suing Someone for a Personal Injury Claim Will Destroy Their Life 

Sometimes, people’s empathy for others prevents them from getting the payment that is rightfully theirs. This is especially the case if the person responsible for the injury is a family member or friend, and even more so if you know that the person does not have a lot of money. You might worry that you will ruin your relationship if you pursue a personal injury claim. There is a possibility for a strain on the relationship. However, it is unlikely that getting a settlement will destroy anyone’s life. In all likelihood, an insurance company will be the one to pay the claim. This, after all, is why people have insurance: so that they do not have to pay claims out of their own pockets. 

4.     If Your Injury is Minor, It is Not Worth Filing a Personal Injury Claim 

It seems obvious that if a person is severely injured in a car accident, then they would want to file a personal injury claim. But if a person suffers a minor injury in comparison, they may be hesitant to file a lawsuit. Even if you suffer a few cuts or bruises that can be healed with basic first aid, you still may want to consult counsel regarding getting compensation for your medical bills. First of all, even though the injuries are seen as minor now, there is a potential that, down the line, more serious injuries emerge. For instance, a person may be in an accident and just get a few bruises. A month later, a severe neck injury could emerge as a result of the accident. An attorney will review your specific case and determine whether it is worth filing a claim or not. But if you don’t file, especially not timely, you may be prohibited from recovering anything. 

5.     Only Greedy People File Personal Injury Claims  

A common misconception is that people want to get rich off of filing personal injury claims. Sometimes, people and their attorneys can be dishonest about their intentions. But in the vast majority of cases, people file personal injury claims not to be financially enriched but because they have been truly harmed and need relief. The purpose of a personal injury settlement is to make the injured person whole again. “Whole” means putting them back to how they would have been had they never been injured. For instance, if a person is in a car accident and has $50,000 in medical bills to pay, that person is worse off by $50,000. It is only fair, then, for the person who caused the injury to put that person back where they were—by paying them $50,000. Also, an insurance company will only pay out if the injuries are substantiated. 

6.     If You File a Case, It Will Take Forever to Settle 

Many people avoid filing personal injury cases because they do not want to spend years in a courtroom. But most personal injury lawsuits never go to court. Usually, the attorneys will work out a deal before it goes to trial. The injured person will be minimally involved in those negotiations. Sometimes people accept the lower offer from the insurance company simply to avoid the idea of a drawn-out battle. While the process will be longer with an attorney, you will maximize your payout. This is because an attorney will take his time to make sure you have all of the documentation and evidence to show the severity of your injury.

Seek Legal Guidance From a Skilled Personal Injury Lawyer 

If you have been injured, we hope that we have shattered the myths above and given you a better understanding that filing a personal injury lawsuit is worth it.  Do not delay—contact an experienced personal injury lawyer today.