Understanding the realities of personal injury claims and lawsuits can empower you to take informed action and pursue the justice and compensation you deserve.
There are many misconceptions about personal injury claims. These misunderstandings can deter victims from seeking justice or leave them feeling lost in a complex legal system. As a personal injury lawyer with nearly 30 years of experience handling personal injury claims, I hope to address some common myths about personal injury claims and provide a clear pathway to understanding your rights and options.
Myth #1 – You Can File a Personal Lawsuit Whenever You Want
While it may seem like you have all the time in the world to file a personal injury lawsuit, this is far from the truth. Even though you may be recovering from physical and emotional trauma, you could hurt your claim or lose your right to bring a claim at all if you delay consulting with a personal injury attorney after your accident.
The Reality Behind When You Need to File a Personal Injury Lawsuit
Each state has its own statute of limitations, a set time period within which you must file a lawsuit following an incident that causes injuries. In Pennsylvania, this is 2 years from the date the injury occurred, and in most jurisdictions, this window is 2 to 3 years. If you do not file your personal injury lawsuit within this period, you risk forfeiting your right to pursue compensation through the courts. In addition, evidence is more likely to be lost and witness recollections can get blurry as time passes after an accident. It is imperative to consult with a knowledgeable personal injury attorney in your state as soon as possible after your injury to ensure you do not miss important deadlines. It is advisable to consult with a personal injury lawyer as soon as possible after an injury so that the incident can be properly investigated and evidence preserved.
Myth #2 – Minor Injuries Aren’t Worth Pursuing Legal Action
This misconception can be costly. Many victims underestimate the extent of their injuries or the long-term impact of so-called minor injuries. Often, they do not realize the compensation that they need and deserve after an accident, and think they don’t need a personal injury attorney.
The Reality Of Minor Injuries
What may initially seem like a minor injury could lead to chronic pain or long-term disability, resulting in significant medical bills, loss of income, and pain and suffering. Even injuries that appear minor can disrupt your life and livelihood, creating financial instability. Likewise, even if your injuries turn out to be relatively minor, you may still be entitled to compensation. Therefore, no matter the severity of the injury, it is always prudent to seek legal advice to fully understand your rights and the potential merits of a legal claim.
Myth #3 – A Personal Injury Attorney Will Be Too Expensive
The fear of high legal fees often prevents people from seeking the assistance of a personal injury attorney. However, personal injury lawyers typically do not charge fees if your claim is not successful and will almost certainly obtain more compensation on your behalf than you would have received if you did not have legal representation.
The Reality About the Cost of Hiring a Personal Injury Attorney
Most personal injury attorneys operate on a contingency fee basis. This means they only collect a fee if they successfully win your case or negotiate a settlement. Their fee is typically a percentage of the compensation you receive. With contingency fees, you do not have to worry about paying attorney fees upfront or being burdened with costs you cannot afford. Also, your first consultation with a personal injury lawyer is usually free, so you can learn more about your rights and the lawyer before committing to hiring them.
Myth #4 – You’ll Have to Go to Court
Contrary to popular belief, most personal injury cases do not end up in court. Given that a trial is time-consuming, public, and expensive, most people prefer to avoid going to trial with a personal injury claim when possible.
The Reality About Going to Court For Personal Injury Claims
It is often in the best interests of all parties involved to reach a settlement in a personal injury claim before getting to trial. Negotiating a settlement provides more certainty, is less stressful, and is often more cost-effective than going to trial. Along the same lines, a settlement provides a degree of certainty, as you know exactly what compensation you will receive, whereas in a trial, the outcome is uncertain. However, if the at-fault party or their insurance carrier fails to make a fair settlement offer, your attorney must be prepared to take the case to court to fight for the compensation you deserve. Keep in mind that the decision to settle or go to trial should always be made in consultation with your attorney, who can guide you based on their experience and understanding of your specific case. While some cases do end up going to trial, the majority of cases are resolved by way of a settlement before going to trial.
Myth #5 – Personal Injury Cases Take a Long Time
Many people fear a drawn-out legal process, assuming it will take years to resolve a personal injury case. This can lead to injured victims not bringing claims and negligent defendants remaining unaccountable.
The Reality About the Length of Personal Injury Cases
While it is true that some complex personal injury cases can take a significant amount of time, many claims can be resolved in a relatively short period, particularly if they are straightforward and liability is clear. The timeline depends on several factors, including the specifics of the injury, the complexity of the case, and the willingness of the parties to negotiate a settlement. Along those lines, some insurance companies are more reasonable with settlement negotiations, while others have a practice for making low-ball settlement offers, making settlements more difficult. Experienced attorneys, like those at Solnick Lawyers, can help expedite the process, effectively handling negotiations and guiding you through each step. It is essential to remember that the goal is not just to resolve the case quickly, but to ensure that you receive the full compensation you are entitled to for your injuries.
Understanding the realities of personal injury claims and lawsuits can empower you to take informed action and pursue the justice and compensation you deserve when you have been injured in a car accident or other incident. Don’t let misconceptions deter you from pursuing a legitimate claim. If you or a loved one has been injured due to someone else’s negligence, it is crucial to consult with an experienced personal injury attorney who can guide you through the process. If you have questions about personal injury claims, or would like to schedule a free consultation, contact a personal injury attorney today!
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