Personal injury claims are a widespread occurrence. Data from the United States Courts website shows that the number of personal injury filings surged by 97% in 2020 compared to 2019. However, they can be complicated, and getting lost in the process is easy.
Many misconceptions about personal injury cases could negatively impact your case. This article will go over some of these myths so that you know what not to do if someone has hurt you or your loved ones.
Myth: All Personal Injury Lawyers Are the Same
You may be surprised to learn that many different types of personal injury attorneys exist. Some specialize in specific cases, like car accidents or dog bites. Others handle a wide range of cases but focus on negotiating with insurance companies on behalf of their clients.
Some attorneys focus on slips and fall cases. According to data from the National Floor Safety Institute (NFSI), falls account for around 8 million emergency hospital visits. If you or your loved one slipped or fell due to someone else’s negligence, you can hire a slip-and-fall lawyer.
When selecting a lawyer, go for a local one because each state can have different rules and regulations. For example, the statute of limitations for personal injury in Cambridge, Massachusetts (MA), is 3 years, and that in Florida (FL) is 4 years. Hence, if you fall in Cambridge, it is best to hire a slip-and-fall lawyer in Cambridge, MA.
Myth: You Can Get Compensation for Your Injury by Talking to Insurance Companies
If you’ve ever been in an accident, you may have tried to contact the insurance company of the person who caused it. You might even have received a call from someone who said they were an adjuster who was there to help you get compensation for your injuries. But what should you do if this happens? What should you say? And is this any way to get compensation from an insurance company?
It’s not, and the reason is that insurance companies don’t pay out money unless they have to. They would much rather spend as little as possible on their policyholders than pay out thousands of dollars as part of their benefits package.
That’s why they will never offer any money over what they feel is necessary. If they did that, everyone would make claims against them, and their profits would suffer significantly.
Myth: Personal Injury Cases Are All About Getting Money
Contrary to popular belief, personal injury cases are not all about getting money; the more serious the injury, the greater the settlement. That’s because compensation for your injuries depends on several factors:
- The severity of your injuries
- Your medical costs (which can include surgeries and rehabilitation)
- Lost wages (if you are out of work due to illness)
Hence, it is not like you will get hefty compensation if you suffer a personal injury. In fact, data shows that only 4% of the total personal injury cases go to trial. This means that if your case does not go to trial, you will get compensation through mediation and outside settlements. Even if your case goes to trial, there is no 100% chance you will win the case and get compensation.
Myth: Personal Injury Claims Take a Long Time to Resolve
The time it takes to settle your case depends on the complexity of your case. The more complicated, the longer it takes. It is essential to be patient and let your lawyer do her job. However, you can help by providing all the information you can regarding any medical records or treatment you received after an accident or injury and keeping thorough records of any expenses related to these injuries.
You also should keep track of any lost wages due to an injury or accident. You may need to wait for an insurance company’s settlement offer if they have not made one yet. If so, this may take some time since the insurance company must review all pertinent information before deciding how much compensation they wish to offer in settlement.
Myth: You Will Have to Go to Court to Win the Case
While it is true that you must go to court to win a personal injury case, there are many ways to settle your case outside of the courtroom. If you don’t feel comfortable with having your day in court, or if litigation does not interest or excite you, then, by all means, take advantage of these alternative methods.
A common misconception is that the only way to settle a personal injury case is by taking it to trial. This isn’t true. Most injured people who pursue a claim never have their day in court because they choose mediation as an alternate method for resolving their disputes. Mediation allows both sides, the plaintiff and defendant, to negotiate an agreement on terms favorable to each other without having any third parties involved.
This can be beneficial because there won’t be anyone else making decisions for either party about how much money should be awarded during litigation. Instead, both sides will make those decisions based on what they think would work best for them financially. Hence, mediation is proven beneficial in resolving conflicts and helps both parties save time and money.
Hopefully, we’ve dispelled some misconceptions people have about personal injury cases. This can be important because believing one of these myths may negatively impact your case. For example, talking to insurance companies is not always the best way to get compensation for your injuries, and other options might be better suited for your needs.
You don’t need a lawyer if you want to file a claim on your behalf, and they will not help with minor injuries either! The bottom line is that there are many reasons why hiring an attorney could be beneficial in this situation, so don’t let these myths deter you from taking advantage of those benefits today.