What Are Some Common Myths About Personal Injury Claims?

In the world of personal injury law, there are a number of myths that you might believe if you are thinking about taking legal action with the help of a lawyer. 

The truth is that insurance companies and large government entities do not want you to hire a personal injury lawyer, and that they aim to pay out every claim for as little as possible. 

man lying on floor near man standing holding his leg

As these corporations aim to deny you from the truth, the truth actually is that injury lawyers can help you fight for justice and for your rights. 

So what exactly are the most common myths about these claims? Let’s find out. 

Myth 1: You Can Only Sue if the Injury is Severe

The first myth about your ability to sue is only if the injury is severe. 

Well, that is not true. 

Even if your injuries may not be severe, you still may have a valid personal injury claim if there is substantial damage to other items, depending on the accident you are in and the facts of the accident. 

For example, if you were in a car accident and your vehicle got totaled, but you didn’t have any injuries, that can still be grounds for a lawsuit. You can sue for other aspects of the accident such as time taken off of work, pain and suffering, emotional distress, and the cost of replacing the vehicle. 

So, even if there are not as severe of injuries, having a situation such as that accident can still make a valid personal injury claim, even if there are no severe injuries. 

gold angel figurine on white surface

Myth 2: Personal Injury Claims Always Lead to Lengthy Court Battles

Before hiring a lawyer, you might ask yourself the question, “Will I Have To Go To Trial?”. 

Well, in most cases, no. 

Surprisingly, most personal injury claims often resolve out of court, meaning that you won’t have to go to trial in most cases. Usually, the insurance companies offer a payout before trial and there are other tactics that lawyers use such as Alternative Dispute Resolutions (ADR). 

ADR is a way of resolving disputes without going to trial, and they are usually confidential and less stressful than going to court. This method includes negotiation, mediation, and conciliation, all of which takes the stress out of going to court. 

Myth 3: You Can Handle a Personal Injury Claim Without an Attorney

When you choose to file a lawsuit, choosing to represent yourself is not a great idea. 

In times past, there have been instances where an injured victim or a family friend chooses to go to court without the specialized knowledge of the law. In the times that this action happens, it usually results in a lower settlement or none even at all. 

However, if you choose to hire a lawyer, you might be thinking how you can afford one at all. Fortunately, most personal injury lawyers work on what’s called a contingency fee basis. 

What this means is that you won’t have to pay anything out of your pocket to hire a personal injury attorney and they don’t win unless a fair settlement is reached. So if they don’t win, you don’t pay.  

Myth 4: Insurance Companies Always Offer Fair Settlements

Nope. They never offer fair settlements. 

Even with the funny commercials you might see during the Super Bowl or the NBA Finals, but insurance is a multi-billion dollar industry. 

Insurance corporations such as Nationwide and State Farm have record profits every year, but their interests lie in their profits and shareholders, rather than paying their loyal customers fairly.

The denied or lowball offers are the main reasons why you need to have an experienced Seattle personal injury attorney on your side at all times. 

Myth 5: You Can File a Claim at Any Time

When filing a lawsuit, you need to be mindful of what’s called the Statute of limitations. 

The statute of limitations is a time limit that is imposed when filing a personal injury claim. In most cases, the statute of limitations is anywhere from 1-3 years after the injury. 

So that is the amount of time you have to file a lawsuit. So, if you file a lawsuit three years after the date of the injury, you will lose your right to file a lawsuit. 

It’s also important to keep in mind that in some cases, there are several exceptions to the statute of limitations. These exceptions include: 

  • Violent Crimes, such as murder
  • Sexual Assault
  • Terrorism

With these exceptions to keep in mind, there is also something else to keep in mind which is known as the discovery rule. This rule states that the statute of limitations can be suspended in the period where an injured individual cannot reasonably be expected to discover the injury where a malpractice claim may be based. 

For example, in a medical malpractice court case, the injuries that you develop may not be overnight from the use of a prescribed drug or medicine. 

With that being said, it’s still crucial to be mindful about the statute of limitations and the role that will play in your court case. 

Be Informed Today 

In summary, the most common myths when it comes to personal injury cases include: 

  1. You can only sue if the injury is severe
  2. Personal Injury Claims will always lead to lengthy court battles
  3. You can handle a personal injury claim without a lawyer
  4. The Insurance company will always offer a fair settlement
  5. You can file a lawsuit at any point in time

By staying mindful of these tips and your rights, that will maximize your chances of getting the compensation that you deserve from the insurance companies. 

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