4 Common Misconceptions About Personal Injury Cases Debunked
Personal injury cases can be challenging, particularly if you lack knowledge about the legal process.
Unfortunately, there are many misconceptions and myths about personal injury cases that can make it even harder to navigate this process. In this blog post, we’re going to debunk four of the most common misconceptions about personal injury cases to help you better understand your rights and options.
Whether you’ve been in an accident recently or you’re simply interested in learning more, read on to learn the truth about personal injury cases.
Myth #1: You Have to Go to Court to Get Compensation
Many people assume that the only way to get compensation for a personal injury is by taking the case to court. While it’s true that certain cases are resolved in court, it is not the norm. In reality, the majority of personal injury cases are resolved through mediation and negotiation outside of the courtroom.
As personal injury cases can be intricate, it is common for them to be resolved through settlement before they reach trial. This means that the overwhelming majority of people who file personal injury claims are able to get compensation without ever stepping foot in a courtroom.
There are several reasons why settling outside of court can be advantageous. One advantage of settling personal injury cases outside of court is that it is usually a quicker and more cost-effective option compared to going through a trial. Settling can be less stressful for all parties involved and can help preserve relationships.
According to the Administrative Office of the U.S. Courts, as of March 31, 2022, filings for civil cases in the U.S. district courts have declined by 33 percent after a previous year’s increase of 39 percent, largely due to multidistrict litigation filed in a single district court.
On the other hand, filings for criminal defendants have increased by 9 percent. This further highlights the fact that court may not always be necessary to get compensation for personal injury cases, and settling outside of court may often be a preferable option.
Of course, there are some cases wherein going to court may be necessary, such as when the other party refuses to negotiate or when the damages are particularly severe. However, it’s essential to know that settling outside of court is often a viable option and can even be preferable in some cases.
Myth #2: Only ‘Serious’ Injuries Are Worth Pursuing a Case For
Some people assume that unless their injury is “serious” or life-threatening, it’s not worth pursuing a personal injury case. However, this is not necessarily true. Even if your injury is relatively minor, you may still be entitled to compensation.
For example, if you were in a car accident and suffered whiplash, you may be able to seek compensation for all the emotional and financial loss you have experienced. Even if your injuries do not require hospitalization or surgery, they can still have a significant impact on your life and finances.
Taking legal action for personal injury can aid in ensuring the individual or entity responsible for the injury is held responsible for their actions. This can help prevent similar accidents from happening in the future and can provide a sense of justice for the victim.
Many people mistakenly believe that only serious injuries are worth pursuing a personal injury case for. The truth is even apparently insignificant injuries can lead to substantial financial damages. As per a Forbes article, approximately 38,000 people are killed in auto accidents every year in the United States, and many more are injured.
The Centers for Disease Control and Prevention estimates that the collective medical and lost wage costs from traffic fatalities alone amount to $55 billion per year. This underscores the fact that even seemingly minor injuries can have a major financial impact on victims and their families, and seeking compensation through a personal injury case can be crucial to mitigating these losses.
Myth #3: You Can’t Afford a Lawyer
Many people may believe that they cannot afford to hire a personal injury lawyer to pursue their case. However, this is a common misconception. Personal injury lawyers typically operate on a contingency fee structure where their payment is based on receiving a settlement or judgment, indicating that they won’t be paid otherwise. This allows clients to pursue their cases without upfront costs or financial risk.
Many personal injury lawyers offer free consultations, which can help potential clients understand their options and assess the strength of their cases. This is particularly applicable to those who may be reluctant to take legal action due to financial constraints.
There are often other resources available to help individuals afford legal representation, such as legal aid organizations or pro bono programs. These resources can help connect individuals with qualified attorneys who can help them pursue their cases.
This is particularly relevant in places like Arkansas, where cities like Fort Smith have experienced a significant number of fatal crashes. As of March 28th, 2023, Arkansas has already seen 29 fatal crashes this month alone. In Fort Smith, a recent two-vehicle crash resulted in the death of a 20-year-old driver.
Seeking the help of a personal injury lawyer can be crucial in cases like these, where victims and their families may be facing significant financial losses. Personal injury cases can be complex, and navigating the legal system without an experienced lawyer can be challenging.
A Fort Smith personal injury lawyer can provide you with legal advice and help you navigate the complex legal system. They can help you to collect evidence, engage in negotiations with insurance companies, and advocate for you in court if needed.
It is important to know the appropriate actions to take after sustaining an injury in an accident to safeguard your legal rights and obtain rightful compensation. While there are several actions you can take, such as seeking medical attention and gathering evidence, it can be overwhelming to know where to start.
Luckily, the Keith Law Group has published a comprehensive blog that covers these aspects of personal injury cases in great detail, providing valuable information and guidance to those who have been injured in Arkansas or Fort Smith. Their blog provides insight into the legal process and what to expect, including how to deal with insurance companies, negotiate settlements, and when to consider litigation.
The blog also highlights the importance of seeking the assistance of a personal injury lawyer, who can provide invaluable legal advice and representation to ensure that your rights are protected and that you receive the compensation you deserve. By being informed and knowledgeable, you can ensure that you take the right steps after being injured and give yourself the best chance of a successful outcome.
Myth #4: Insurance Companies Will Offer You a Fair Settlement
Insurance companies may try to persuade you that they have your best interests in mind when settling a personal injury claim. However, it is important to remember that insurance companies are businesses, and their primary goal is to minimize their financial liability. Therefore, it is a common myth that insurance companies will offer a fair settlement to an injured party.
As of March 1, 2020, the National Association of Insurance Commissioners reported that the combined premiums paid for insurance policies, including those for accidents and health, amounted to a total of $782,685,141,490. With such a large amount of money at stake, insurance companies may use tactics to undervalue claims, delay payment, or deny compensation altogether.
In many cases, insurance companies may offer a low initial settlement offer in hopes that the injured party will accept it and sign a release of liability, preventing them from pursuing further legal action. However, this initial offer may not adequately cover all of the damages incurred, such as medical expenses, lost wages, and pain and suffering.
It’s important to seek the advice of a personal injury lawyer prior to agreeing to any settlement proposals from insurance companies. A lawyer can help evaluate the true value of the claim and negotiate with the insurance company on behalf of the injured party to ensure fair compensation.
Conclusion
There are many misconceptions about personal injury cases that can potentially harm individuals seeking compensation for their injuries. However, it’s essential to understand that not all injuries need to be severe to pursue a case, and victims may be entitled to more compensation than they initially believe.
By understanding these common misconceptions, individuals can make informed decisions and seek the justice and compensation they deserve for their injuries. Remember to always seek legal counsel if you have been injured in an accident, and do not settle for less than you deserve.
