Personal injury law is a complex and misunderstood legal system area. Many myths and misconceptions about personal injury law can lead people to believe that they do not have a valid claim or that their case is not worth pursuing. Here are seven of the most common myths about personal injury law:
Personal Injury Law is Only for Car Accidents
Personal injury law does not apply to car accidents only. In reality, personal injury law covers many accidents and injuries, including slips and falls, defective products, workplace accidents, and more. You may have a personal injury case if you have been injured in any type of accident that was caused by someone else’s negligence.
You do not have to be seriously injured to file a personal injury lawsuit. While serious injuries typically result in higher settlements, you can still recover damages for less severe injuries. Pain, suffering, lost wages, and medical expenses are all damages that are available in personal injury cases.
You Have to Go to Court to Get Your Settlement
Many personal injury cases are settled out of court without needing a trial. In fact, some personal injury cases go to trial, but the majority are resolved through negotiation and settlement. Your attorney will be able to advise you on whether or not your case is likely to settle and whether going to trial is in your best interest.
You Only Have a Certain Amount of Time to File Your Claim
While it is true that there are deadlines for filing personal injury claims, these deadlines vary depending on the type of accident and the state in which it occurred. Generally, the time frame for filing a personal injury claim is between one and two years from the date of the accident.
You Don’t Need an Attorney to File a Claim
While it is possible to file a personal injury claim without an attorney, it is not advisable. Personal injury law is complex, and insurance companies have teams of experienced attorneys working on their behalf. You will likely need the help of a personal injury attorney to level the playing field and maximize your chances of recovering damages.
All Personal Injury Claims Go to Trial
As mentioned above, most personal injury claims are settled out of court. Only a small percentage of cases go to trial. Even if your case goes to trial, settling before the verdict is rendered is still possible.
You Can’t Get a Settlement if You Were Partially at Fault for Your Accident
If you were partially at fault for your accident, you might still be able to recover damages. Many states have comparative negligence laws that allow plaintiffs to recover damages even if they are found to be partially at fault for their accident. However, your degree of fault will reduce the number of damages you can recover.
Personal injury law is a complex area of the legal system, and there are many myths and misconceptions about it. If you have been injured in an accident, it is important to speak with an experienced personal injury attorney to learn more about your legal rights and options.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
