Debunking Myths About Personal Injury Claims

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Debunking Myths About Personal Injury Claims

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Posted By DAM Firm | November 22 2024 | Personal Injury

You’ve probably heard a lot about what it means to “file a lawsuit” after an injury happens, but what does that even mean? Did you know that filing a lawsuit rarely means that you’ll actually go to court?

That’s one of the myths about personal injury claims that we want to tackle, and there are others on this list that you may not know about. However, if you or somebody you love has been harmed due to the negligent actions of another individual, it’s time to start figuring out your options. Time to bust through some of the myths you may have heard.

Debunking Myths About Personal Injury Claims

Myth #1: Filing a Claim Means Going to Court

The Reality: Most personal injury claims settle before they ever see a courtroom.

Many people assume that filing a claim automatically means a lengthy court battle. However, the vast majority of personal injury cases are settled outside of a courtroom through negotiations with the insurance company or liable party. Attorneys are skilled in negotiating fair settlements for their clients and will aim to avoid the lengthy and costly court process unless absolutely necessary. By consulting an Orange County personal injury lawyer, you can gain an advocate who knows how to maximize your claim without going to trial.

Myth #2: Minor Injuries Are Not Worth a Claim

The Reality: Minor injuries can lead to major expenses and lasting impacts.

Just because an injury does not seem severe at first does not mean it will not have long-term effects or result in high medical bills. Soft tissue injuries, as one example, may not be immediately apparent but can lead to significant discomfort and medical treatment. Additionally, even a minor injury can cause you to miss work, impacting your income. 

Myth #3: Personal Injury Claims Are Only for Physical Injuries

The Reality: Personal injury claims can cover emotional and psychological damages.

Physical injuries are certainly a core part of many personal injury claims, but they are not the only types of damages covered. Emotional trauma, psychological suffering, and other non-physical injuries are compensable in a personal injury case. For example, someone who has suffered trauma from a car accident may experience anxiety, depression, or PTSD. These are real consequences that affect a person’s quality of life and can be factored into a personal injury claim.

Myth #4: You Do Not Need a Lawyer for a Simple Claim

The Reality: Even seemingly straightforward cases can benefit from legal expertise.

While it is possible to handle a personal injury claim on your own, the process can be complex and time-consuming. Insurance companies may use tactics to minimize payouts or delay processing claims. Attorneys bring a depth of knowledge and negotiation skills to help you get fair compensation. Additionally, an attorney will manage all the paperwork, deadlines, and communication with insurers, making the process smoother for you.

Myth #5: Insurance Will Automatically Cover All Your Expenses

The Reality: Insurance companies aim to pay as little as possible, not automatically cover all your losses.

It is easy to believe that insurance will handle everything after an accident. However, insurance carriers are generally for-profit businesses focused on minimizing payouts. Even if you have a solid claim, insurers may offer a low initial settlement that does not fully cover your expenses. 

Myth #6: There Is No Rush—You Can File a Claim Anytime

The Reality: Personal injury claims are subject to strict deadlines called statutes of limitations.

In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. Missing this deadline can mean losing the right to seek compensation altogether. An attorney can help you keep track of important deadlines and make sure your claim is filed on time.

Myth #7: Lawyers Are Too Expensive, So It Is Not Worth Calling One

The Reality: Personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if you win.

A common misconception is that hiring a lawyer is too costly. Most personal injury attorneys, however, operate on a contingency fee arrangement. This means you pay nothing upfront, and the attorney only receives payment if they secure compensation for you. This approach allows anyone, regardless of financial status, to have access to quality legal representation.

Call a Personal Injury Attorney to Learn Your Options

Do not let myths and misconceptions keep you from seeking the compensation you deserve. By consulting a knowledgeable attorney, you can understand your rights and the best course of action for your specific situation. Contact us at DiMarco | Araujo | Montevideo for a free consultation.

Call (702) 466-14192 or send us a message online to get started.

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