Going through a personal injury claim can seem like a very complex process. No one wants to find themselves in a personal injury or accident, but these cases can be much simpler than how they’re made out to be. There are several misconceptions and myths surrounding the personal injury sector of law and how it works. To help you better understand how these cases work, we debunk and explain common myths.
Myth 1: Lawyer Fees Take Up Most of Your Settlement
Most people have the perception that lawyers are too expensive and providing legal representation will cost more than you can afford. On top of that, there is a common misconception that while you may receive a settlement, it will have to be used to keep your lawyer on your case. This isn’t true. For fees, lawyers can work on a contingency fee basis, meaning that they are only paid based on the outcome of the case.
Myth 2: You Can File a Personal Injury Claim Anytime After the Accident
There actually is a time limit on how long you have to file a personal injury claim from the time that the accident happened. This is called a statute of limitations. The statute of limitations does differ from state to state and from the different types of lawsuits. This is why you should get in contact with a lawyer to get started on your case right away.
Myth 3: You are Guaranteed a Settlement if the Liable Party is Clearly at Fault
A personal injury claim may seem clear-cut with plenty of evidence indicating that a defendant was negligent and they caused your injuries. But when it comes to the defendant and their lawyer, there are several kinds of defenses that can be used to evade liability in a personal injury claim. It’s not unusual for insurance companies to work through a loophole in order to make a payout.
Myth 4: Personal Injury Cases are Long and Take a Long Time
Most cases can actually be settled before reaching the courtroom. Some cases never make it to the courtroom at all. If you have been in an accident and suffered injuries due to someone else’s negligence, don’t let anything stop you from filing a claim. An experienced lawyer can help you get the compensation you need for medical bills right away.
Myth 5: Minor Injuries Are Not Worth Filing a Claim
No matter the severity of your injuries, you should consider filing a claim anyway. Even minor injuries can lead to expensive medical treatments. As minor as your injuries may be or seem, you are still entitled under law to claim compensation. There is no level of injury that says you can or cannot receive a settlement to tend to your injuries.
Myth 6: The At-Fault Party Has to Pay Settlement Out of Pocket
While you deserve a settlement for your injuries or damages, it can be difficult to file a claim thinking that the at-fault party will have to pay out of pocket. Good thing is, this isn’t how compensation or settlement works. In most cases, the defendant’s insurance company will be the one responsible for paying any settlement that you are awarded.
Myth 7: Insurance Holders Don’t Need a Personal Injury Lawyer
Taking this myth as truth can lead to some major regrets later on, especially since your fight for compensation will often be against your own insurance company. Insurance companies work to gain something and getting a fair settlement without an attorney to assist can be nearly impossible at times. Hiring a personal injury lawyer does pay off in the end.
Myth 8: Hearings are Necessary if You Want to Receive Compensation
As we briefly mentioned earlier, you may not need to attend a hearing at all throughout the span of your personal injury case. And you may find that you will not need to go to court to receive compensation for property damages and injuries, either! Oftentimes, personal injury cases are resolved using settlements that do not require being in court. Only the most complex settlements are when litigation may be necessary.
Work with a Personal Injury Lawyer You Can Trust
If you have suffered from any injury, car accident, workplace accident, we’re here to help you file your claim and fight for your personal injury compensation. To learn more, contact the Law Office of Javier Martinez, Jr., P.C., and schedule a consultation today.
