Personal injury claims can be a complicated area of the law, even for people who have been wounded in an accident. There are several misconceptions regarding what constitutes a personal injury claim, how to file one, and what damages you can seek. In this post, we will dispel five prevalent fallacies concerning personal injury claims and reveal some unexpected facts you might not have known. If you want to learn more, you can consult a professional personal injury lawyer.
Myth 1: All injuries are eligible for a personal injury claim.
It is incorrect. To make a personal injury claim, someone else’s negligence must have caused you an obvious injury. This requires the other party to have a duty of care towards you, violate it, and result in harm. For instance, slipping on a wet floor due to a business owner’s negligence allows you to file a claim, but tripping on your own does not.
Myth 2: You can only get compensation for physical injuries.
Personal injury goes beyond just physical injuries, as compensation can also be sought for emotional and psychological issues like anxiety, despair, and sleep difficulties. Lost wages during recovery or inability to return to work in the same capacity can also be covered. Family members can be reimbursed for expenses related to care and recovery.
Myth 3: Most personal injury cases go to trial.
Most personal injury claims are settled outside of court. Early settlements can be negotiated by disputing parties, lawyers representing both sides, or insurance companies. In this arrangement, the parties reach an agreement through negotiation.
The defendant offers a monetary settlement. The plaintiff then decides to accept that sum as compensation for damages, which include medical expenditures, property damage, lost income, and pain and suffering. At this stage, all parties agree to forego future legal action in the dispute by signing a formal agreement and paying the settlement.
Myth 4: You do not need a lawyer to file a personal injury claim.
False. A lawyer is not essential, but opting not to have one is a significant risk. You will be dealing with insurance adjusters, who can be merciless in dismantling cases on your own.
Without an attorney, you will struggle to reach an acceptable settlement due to your lack of expertise in negotiating with insurance companies. Personal injury attorneys have expertise and knowledge of the law that others do not, giving them a significant advantage that you should not overlook.
