Debunking The 6 Most Common Myths About Personal Injury Claims!

Apr 10, 2024

Navigating the complex landscape of a personal injury claim following an accident can be daunting, especially when faced with the misconceptions and myths that cloud your understanding of your rights and options. Not only are you still recovering from what was likely a traumatic and severe injury, as well as presumably experiencing deep financial stress due to your medical bills and lost wages, but now you must also wade through the complicated realm of personal injury law just to have a chance to obtain the compensation you are rightly owed. 

Moreover, even if you are able to successfully file your claim, insurance companies are notorious for devaluing and denying the claims of victims, making your odds for receiving a full and fair payment slim to none – unless you are equipped with the legal knowledge and representation necessary to fight for what you deserve! We’re here to set the record straight and put you in the best possible position for filing a successful personal injury case. In this blog, we’ll debunk the 6 most common myths regarding personal injury claims, so that you are guaranteed not to fall for them!

Debunking The 6 Most Common Myths About Personal Injury Claims!

Myth #1: Personal Injury Cases Are Always Lengthy And Complicated

The main reason this myth is so widely circulated is because it is common for personal injury cases that go through an attorney to last longer than those that don’t. However, that is only because when you have an attorney fighting on your behalf, they are communicating with the insurance company and negotiating a larger settlement on your behalf – one that better reflects the level of your injuries as opposed to the low-ball offers they are likely to tempt you with, hoping you are desperate enough to take. While it may seem benevolent, the reality is that it may only cover a few bills right away. 

Negotiation takes time, as your attorney needs to be able to fully support your claim, as well as your projected future needs, through evidence and documentation. So while your case may last longer with an attorney than it would if you attempted to go it alone, you will be in a far better position for recovering the maximum damages.

Myth #2: You Have To Be Seriously Injured To File A Personal Injury Claim

While it is true that personal injury claims usually result from significant physical injuries caused by another’s negligence, it is possible to file a claim for minor physical injuries, as well as injuries that aren’t purely physical, and even in some cases damage to property, too. This means that you have just as much a right to demand fair compensation for emotional distress, psychological trauma, and damage to your property (such as your car, motorcycle, bike, or other belongings).

Myth #3: Insurance Companies Will Always Offer A Fair Settlement

Unfortunately, this is not a true statement, as most insurance companies are only focused on minimizing their payouts and protecting their bottom line. So, they will not always offer settlements that accurately reflect the nature of the victim’s injuries. This is why having a skilled personal injury attorney to negotiate on your behalf and fight for what you deserve is so critical to the outcome of your case. 

Myth #4: You Can File A Personal Injury Claim At Any Time

Many people don’t know that there is a statute of limitations on filing lawsuits. Each state has their own statute, but here in California, you have two years from the date of the injury, or one year from the date the injury was discovered, to file a claim, and 3 years to file a claim for property damage. So no, you will not be able to file your claim at any time you please!

Waiting any significant length of time will likely work against you in the long run, anyway. Every week and every month that passes gives the other party time to shift the blame away from themselves and attribute the accident and your injuries to other factors. The sooner you seek medical care and treatment, and have the injuries you sustained documented, the sooner you can begin the claims process and the easier it will be to hold the responsible party accountable for their actions. 

Myth #5: Filing A Personal Injury Lawsuit Means Someone Is Greedy

This couldn’t be farther from the truth. Anyone who chooses to file a personal injury claim is not greedy, frivolous, or only out to ruin someone’s life. What it actually means is that they suffered physically, emotionally, psychologically, and financially from an accident that wasn’t their fault. Is this fair? Or should the responsible party be held accountable? Personal injury lawsuits are not about revenge or intended to intentionally cause harm to the responsible party. In fact, it is rare that a person would ever have to pay out-of-pocket, even if they were determined to be at fault. Most cases, including the payout and settlement, are handled by their insurance company. 

Myth #6: You Don’t Need An Attorney To File A Personal Injury Claim; You Can Save Money By Representing Yourself

While it is technically true that a person could represent themself in their personal injury lawsuit, and they very well could save some money by not hiring a lawyer, this is not the best course of action and the outcome likely won’t be exceptional. This area of law is very complex and could easily confuse someone who isn’t familiar with it. Seasoned attorneys are not only knowledgeable in the legal procedures, laws, and rules of evidence that govern their specific jurisdiction, but they also likely have years of experience and training in negotiation tactics and understanding the strategies that insurance companies use to avoid compensating victims. 

Insurance companies are also known to not take the claims of victims seriously unless they have secured legal representation. By handling the claim alone, they are likely to miss out on the compensation that a skilled attorney could have helped them obtain. 

Trust Karpel Law Firm To Help You Unravel The Truth About Personal Injury Cases And Fight For Your Future

Final myth: your injury is only something you have to contend with right now. False! The physical, psychological, and financial impact of your injury will likely be a burden that you carry for the rest of your life. You don’t have to suffer under the weight of these consequences, especially when someone else was at fault. Our legal team has over 70 years of collective experience and will effectively advocate for the compensation you deserve. Call today to schedule your free initial consultation and learn more about how we can give you an advantage!