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10 Misconception People Have About Personal Injury Law and Lawsuits

By on September 16, 2016

Over the years, personal injury has received bad press due to certain misconceptions. Unlike criminal cases where cases are initiated by the government, a personal injury case starts with an individual who files a complaint against a person, government agency, business or corporation.

10 Misconception People Have About Personal Injury Law and Lawsuits

In personal injury cases, a person files a lawsuit alleging that injuries occurred due to a 3rd party negligence. Additionally, individuals injured at work can also contact a personal injury lawyer who can help evaluate the claim. Due to various complications, many end up believing lies and miss out on compensation due to misunderstanding and false perceptions about the claims process. Common misconceptions can include:

A Lot of Effort Is Required When Pursuing a Personal Injury Claim:

While it’s true that a personal injury claim may take a while to pursue, there are experienced personal injury attorneys who can help speed up the process and limit your personal involvement. You may be required to attend medical examinations and appear at a deposition, but other than that, your participation will be minimal as the attorneys handle all the documentation and exchanges.

Additionally, depending on the details of your case, a personal injury case can take anywhere from a few months to a year to settle.

Holding out Will Get You a Huge Settlement:

Another misconception people believe is that when you hold out, you are guaranteed of a huge settlement. This is hardly ever the case. Working with reputable personal injury lawyers like those from Attkisson Law Firm is your best assurance at winning an equitable settlement. In some cases, holding out may prove profitable, but it’s wise first to consult an attorney.

An attorney is able to negotiate on your behalf and prepare all the documents needed for presentation to the insurer. Everyone’s circumstances are unique which makes it crucial to seek the advisement of a knowledgeable attorney.

All Personal Injury Cases Must Be Compensated

Most people believe that once you file a personal injury claim, you’re guaranteed to receive compensation. Unfortunately, this is not true. Not everyone is guaranteed a settlement. Moreover, some insurance companies will try everything in their legal power to ensure that they don’t pay out. Getting a personal injury attorney is a key to winning a favorable settlement.

Hiring a Personal Injury Lawyer Is Too Costly

Most personal injury cases operate on a pay after win basis, which means that the lawyer only receives his legal fee after the case is won or settled. If you lose the case, the attorney is entitled to nothing. A good personal injury attorney should be able to evaluate your case and recommend the next course of action. Minor injuries are often settled out of court.

Personal Injury Attorneys Are Only Interested in Big Settlements

Personal injury attorneys are not just interested in settling for monetary gain, most of them seek justice for their clients. Most insurance companies hire attorneys that work to minimize the compensation amount, and personal injury lawyers know what is at stake. Their job is to ensure that you receive fair compensation for the losses you incurred.

You Do Not Need a Lawyer for Small Injury Claims

A small injury could be fatal and have long-term consequences. Before making this assumption, it is important to get an evaluation from both the doctor and the lawyer.

Personal Injury Lawyers Solicit Their Clients

Personal injury attorneys do not solicit their clients. Instead, it’s the clients who frequently seek the services of a personal injury lawyer.

Personal Injury Lawyers Complicate and Lengthen the Process

This is not true. According to recent statistics, over 90% of personal injury cases are settled out of court. Your lawyer and the judge do not want to be stuck in the courtroom for endless hours. A settlement depends on your case, and a professional attorney’s work is to protect your rights as a victim of injustice.

Personal Injury Lawyers Tend to File Frivolous Lawsuits

Personal injury lawyers understand that not every injury has a footing under the law. Additionally, most lawyers work on a contingency basis so filing a frivolous lawsuit would be a waste of time and not in their best interest as there is no incentive for such a lawsuit.

If You Fail to Go to the Hospital After Being Injured, You Don’t Have a Case

This is not true. It is critical to seek medical attention immediately to cover your bases in case an injury does not show up immediately, for example, neck or back injuries. Suffering and pain can also be psychological. The hurt can occur after the initial shock.

Personal Injury Plaintiffs Always Receive Compensation

There is a particular misconception that all personal injury plaintiffs receive compensation. While some claims are presented vigorously and have evidence to back the claim, some may end up losing their lawsuit for various reasons, such as the statute of limitations has expired.

A Personal Injury Claim Can Be Filed at Anytime

Many people think or believe that personal injury claims can be submitted at any time. This is never the case Every state has a statute of limitations, which could prevent a lawsuit from being heard by the court, despite how compelling the case is.

Your Case Must Go to Trial

Not all cases go to trial. Most personal injury cases are fully settled out of court. This largely depends on the circumstances of your case. A personal injury attorney can help in settlement to ensure that the case is resolved within a reasonable time.

You Don’t Need an Attorney

Finally, a few people believe that they don’t need an attorney to settle a personal injury case. This is not true. A personal injury attorney is important as he/she handles all the documentation while still negotiating with the insurance company to make sure that you get a favorable settlement.

These are some of the myths and misconceptions people have about personal injury law. Always speak to your attorney in case of any questions to ensure that everything is clear and that the case is settled on time.

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