Common Misconceptions About Personal Injury Lawsuits

Personal injuries, though unintentional, happen all the time and there are a few myths surrounding personal injury lawsuits. John Hopkins and the National Center for Health Statistics found that unintentional injuries like car accidents, poisonings, and falls are the fifth leading cause of death overall, and the leading cause for individuals under the age of 35.

Some individuals involved in motor vehicle accidents, or slip and falls avoid filing claims because of the misconceptions they’ve heard about personal injury claims. It’s important that the general public remain educated about their rights, and what support the personal injury lawyers Bernheim, Kelley, Battista & Bliss could offer to help them recover their quality of life and damages.

Personal injury lawsuits are a significant option for those parties who have suffered injuries as of a result of other’s negligence or their failure to meet their duty to care. Many individuals with devitalizing injuries will have to sift through the following misconceptions before deciding to contact a personal injury attorney and filing a personal injury claim:

Personal Injury Claims are Fast and Easy

Civil court proceedings take time and personal injury claims won’t settle overnight. Investigations, interrogations, and documents will need to be filed before your case is even heard in court. Settling your claim too quickly could reduce the total amount you receive. Working with an adept personal injury attorney with experience in cases similar to your will be very useful in helping you get an amount satisfactory to your needs in a timely manner.

Personal Injury Claims Can Be Filed Whenever

Another common misconception is that a victim can file a personal injury claim whenever they like which is untrue. Each state has its own statute of limitations for when a personal injury claim needs to be filed within the date of the accident, normally between 12-24 months.

The Insurance Company Will Handle Everything

Insurers will do all they can to protect their own interests including offering victims lowball offers to get them to settle as soon as possible. Essentially insurers want to avoid paying larger amounts in damages so they will encourage victims to settle as soon as possible for the least amount possible. A personal injury attorney understands this and can help you negotiate a fair settlement with insurance companies.

The Defendant’s Negligence Guarantees I Will Receive Damages

Unfortunately mitigating circumstances contributing to an accident could nullify a victim’s damages. Your legal team can keep you updated on the progress of your case and honestly inform you about the reality of recovering damages as the evidence of the case becomes more clear.

The Defendant Is Responsible for Covering My Expenses

Until a settlement has been reached, or a ruling has been passed, the victim is responsible for covering all of his own expenses. The insurer of the other party is not required to pay you anything until a settlement has been reached or an official court judgment has been made.

Some states can attribute fault to multiple parties and if you’re found to also have been negligent in the accident, then the percentage of which you are responsible could be reduced from the total amount of your settlement.

Lawyers Are Expensive

Often consulting with a personal injury attorney is free, and if they take your case, they only get paid based upon you receiving damages. In some cases, the defendant may be required to cover the plaintiff’s legal fees. It’s important to speak with your attorney about their fees and what you could expect in damage recovery ongoing throughout your claim process.