Common Misconceptions About Personal Injury Lawsuits

Common Misconceptions About Personal Injury Lawsuits

A personal injury accident can wreak havoc on your life. In the blink of an eye, you can find yourself facing physical injuries, damaged property, lost income, and other financial burdens. If your accident was caused by another person’s negligent or reckless actions, you may have legal recourse for what you have gone through.

That said, the idea of pursuing a personal injury lawsuit may seem overwhelming. Additionally, misconceptions about such lawsuits may add unnecessary stress to an already challenging situation. Sadly, misunderstanding personal injury laws can result in lost opportunities for compensation, mistakes in insurance claims, and even the dismissal of valid cases.

In this article, we will discuss some common misconceptions about personal injury lawsuits. Our aim is to empower individuals to make informed decisions and avoid common pitfalls when pursuing a personal injury claim.

Frequent Myths Surrounding Personal Injury Claims

Personal injury claims and lawsuits are often key to gaining rightful compensation after an accident. However, far too often, misunderstandings and inaccurate information prevent injured parties from seeking the restitution they deserve. Please read on to better understand these frequent misconceptions.

Misconception: Personal injury lawsuits are frivolous and expensive

Frivolous lawsuits are claims with no legal foundation. In reality, most personal injury lawsuits are filed by people who have suffered real injuries. Such ones need financial compensation to cover their damages. Personal injury law allows innocent accident victims to hold the negligent party accountable for his or her actions.

Some believe that personal injury lawsuits are so expensive that only wealthy individuals can afford to file them. However, personal injury lawyers most often work on a contingency fee basis. This means that the attorney is only paid if and when the case is successfully resolved in your favor. Thus, injury victims can generally file a lawsuit without having to pay any upfront costs or legal fees.

Misconception: The insurance company will be fair in handling your personal injury claim

The truth is that insurance companies are big businesses looking to protect their own bottom line. As such, insurance adjusters rarely have your personal well-being at heart. Insurers have a vested interest in paying out as little as possible for each injury claim.

While the insurance company may play a role in the personal injury claim process, relying solely on their advice and guidance may not result in the best outcome for you. A personal injury lawyer can accurately assess the true value of your claim and protect you from low-ball insurance offers. He or she can negotiate with the insurance company on your behalf to attain a settlement that will truly meet your current and long-term needs after the accident.

Misconception: Minor injuries do not warrant a personal injury claim

Some accident victims mistakenly believe that their injuries are not significant enough to justify a personal injury claim. However, even seemingly minor harm can result in considerable medical costs, lost wages, and pain and suffering.

Injury accidents have a way of impacting your life in unforeseen ways. Regardless of the perceived gravity of the incident, if you have been hurt due to someone else’s negligence, you are legally entitled to seek compensation.

It is advantageous to seek medical attention after an accident, even if you do not think you’ve been hurt. Some injuries, even serious ones, do not fully manifest themselves for some time. A medical professional can evaluate and document the full extent of your injuries. Such records will be a crucial piece of evidence if you choose to file a personal injury lawsuit later on.

Misconception: Personal injury lawsuits are only for car accidents

While you may frequently hear of personal injury lawsuits being filed after a car accident, such cases are by no means limited to such incidents. Accident victims may file a lawsuit for any type of injury caused by another individual or entity’s negligence or careless act.

Depending on the circumstances, a personal injury lawsuit may be filed after such accidents as:

• Slip-and-fall accidents
• Trucking accidents
• Bicycle accidents
• Subway accidents
• Boating accidents
• Dog bites and animal attacks
• Medical malpractice
• Nursing home accidents
• Wrongful death
• Other personal injury accidents

Clearly, personal injury law can be applied to a wide range of accidents. What’s more, no two injury events are exactly the same. Therefore, it is advantageous to seek the advice of an experienced personal injury lawyer if you are considering taking legal action against the negligent parties.

Misconception: The at-fault party will have to pay out of pocket

At times, people hesitate to pursue a personal injury case because a family member, friend, or acquaintance was responsible for the accident. Understandably, you may fear that filing a lawsuit will cause them considerable stress and financial hardship.

However, in most cases, it is not the at-fault individual but actually his or her insurance company that pays for the damages. After all, one of the main purposes of insurance policies is to cover accidents and unexpected losses.

Misconception: You can not pursue a personal injury lawsuit for psychological or emotional damage

While physical injuries are most often the foundation of a personal injury claim, psychological and emotional damages can also be included. It is not uncommon for serious accidents to lead to depression, anxiety, and post-traumatic stress disorder (PTSD). Such psychological injuries can have far-reaching consequences.

Thus, when calculating your damages after a personal injury, it is critical to also give thorough consideration to any psychological injuries stemming from the accident. An adept personal injury attorney can help you identify all your damages so as to pursue the maximum compensation for what you have suffered.

Misconception: If you are partially at fault, you can not pursue compensation

Contrary to popular belief, you may be able to recover damages even if you bear partial responsibility for the accident. New York follows a pure comparative negligence rule. This means that you can still be compensated for your injuries, but the amount may be reduced by your own percentage of fault.

New York’s comparative negligence laws and no-fault car insurance rules can be confusing. In a personal injury case, your attorney can help you calculate both the damages and the percentage of fault belonging to each party. This will ensure that you seek fair compensation based on the events that occurred.

Misconception: All personal injury lawsuits go to court

In actuality, most personal injury lawsuits are settled outside the courtroom. Generally, personal injury cases only go to trial after all other options for resolution have been exhausted. Each party’s willingness to negotiate and settle, the strength of the evidence, and potential trial results should be carefully considered before going to court.

Misconception: Personal injury lawsuits are time-consuming

The duration of a personal injury lawsuit can vary greatly. The case’s complexity and the willingness of each party to reach a settlement agreement will both impact the timeline. Since the vast majority of personal injury cases are settled out of court, the legal process can sometimes be completed in a relatively short time.

While it may take time to reach the resolution you need and deserve, an experienced personal injury attorney can ensure that the claims process stays on track.

Misconception: Personal injury claims are easily handled without legal representation

Personal injury claims can be challenging and full of unexpected complications. Some injury victims choose to pursue a personal injury claim without the help of an attorney in an effort to save money on legal fees. Unfortunately, negotiating with a powerful insurance company without legal assistance could significantly reduce your chances of receiving just compensation.

A skilled personal injury attorney will understand all the legal procedures, laws, and rules of evidence that apply to your case. He or she can effectively negotiate with the insurance company and opposing counsel. By handling the claim yourself, you might miss out on the compensation that a well-practiced lawyer could help you obtain.

Contact Knowledgeable New York Personal Injury Lawyers for Advice

The fallout from an unexpected personal injury can be devastating. You may be dealing with chronic pain, lost income, and mounting medical bills. If your suffering is the result of someone else’s negligence or reckless act, you likely have the right to sue for proper compensation under New York’s personal injury laws.

Regrettably, common myths about personal injury claims and lawsuits hold many New Yorkers back from getting the help and restitution they need. Don’t let these hold you back. If you are unsure of your legal rights for compensation after an accident, you need sound legal advice.

The team of personal injury attorneys at the New York law firm of Hill & Moin have dedicated their careers to helping people like you. When we take your case, we will navigate you through the entire legal process. Our professional and empathetic personal injury lawyers do all in their power for each client to be able to rebuild his or her life after an accident.

You can learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future without any cost to you. Reach out to Hill & Moin today at (212) 668-6000 or complete our online form for a free consultation. A member of our legal team is standing by to take your call.

Don’t wonder about your rights!