5 Common Myths And Facts About Personal Injury Claims

personal injury facts and myths

Accidents and injuries can happen in a variety of circumstances and for many different reasons. However, if someone else, whether an individual, a business, or another party, caused your injuries and financial losses, you could have legal recourse and potentially file a personal injury claim for compensation. A dedicated personal injury lawyer from Harrell & Harrell, P.A. can protect your legal rights and potentially help you recover what you deserve. 

Getting hurt in an accident can be emotionally distressing, physically painful, and cause unprecedented financial hardship. Victims can feel overwhelmed and may hesitate with initiating legal action due to having misconceptions about personal injury claims and how they work. This article seeks to dispel some common myths about personal injury claims and provides some facts for those seeking justice and compensation.

Myth 1: I Will Have to Go to Court with a Personal Injury Claim

Between medical appointments, insurance claims, and other formalities, injured victims generally have a lot on their plate. Dealing with a court case and a potential trial on top of everything else can seem overwhelming and stressful. 

Fact: The vast majority of personal injury claims never go to court, and even fewer make it to trial. Most claims are resolved with an out-of-court settlement, according to the Bureau of Justice Statistics. Moreover, a personal injury attorney can handle all aspects of your claim, including negotiations with insurance companies and defendants, leaving you free to concentrate on your recovery. While claimants should be prepared for the possibility that their case may go to trial, in reality, this is rarely the case. 

Myth 2: I Cannot Afford a Personal Injury Lawyer

Victims of accidents are typically dealing with a stack of medical bills, property damage, and other expenses and understandably may shy away from seeking legal help. The worry about potentially incurring more expenses or the misconception that they simply cannot afford a lawyer can stop victims from seeking justice. 

Fact: Most personal injury attorneys do not charge upfront fees. Instead, they work on a “contingency fee agreement,” which means they only get paid if and when they win a case. In a contingency fee agreement:

  • The client does not have to pay any upfront attorney’s fees
  • The personal injury attorney or law firm takes on the financial risk
  • The attorney receives a percentage of the final settlement
  • The client does not pay any attorney’s fees if the claim is unsuccessful

Myth 3: I Can File a Personal Injury Lawsuit at Any Time

If you or a loved one suffered injuries in an accident due to another’s fault or negligence, you should seek legal advice and protection from a personal injury lawyer as soon as possible. 

Fact: Victims cannot file a personal injury claim indefinitely due to Florida’s statutes of limitations setting strict timelines. If you miss the deadline for filing suit, you may lose the right to pursue compensation altogether. Moreover, if you have a claim against a government entity, the timeline for filing action can be even shorter than the general statute of limitations. Timely action ensures victims do not risk losing out on what they need and deserve.

Myth 4: It Is not Worth Speaking to a Lawyer with Only Minor Injuries

Seeking legal advice is always a good idea when you’ve been hurt due to another’s negligence. You may only have minor injuries now, but medical bills and income losses can add up quickly. In some cases, a minor injury can cause chronic problems or turn out to be a more serious condition later on. By then, you may have lost the right to legal recourse. 

Fact: If someone else caused your injuries and monetary losses by their careless or reckless actions, you generally have the right to pursue damages and should not have to shoulder the financial burden alone. Most personal injury lawyers offer free consultations, so you have nothing to lose by seeking legal advice and guidance.

Myth 5: Personal Injury Settlements Are Quick

If you have extensive injuries, it can be to your advantage to wait with filing a lawsuit until you have reached maximum improvement and your doctors can accurately estimate your future medical needs and expenses. By rushing into a settlement too quickly, you potentially risk leaving money on the table. 

Fact: There is no way of knowing how long a personal injury claim will take, and the timelines can vary considerably from one case to the next. Factors that determine how long your claim takes can include:

  • The extent of your injuries
  • The complexity of the claim
  • Whether the case is resolved in an out-of-court settlement or at trial

In general, the more complex your case, the longer it can take to settle. While a straightforward car accident claim may only take a couple of months to reach a conclusion, a complicated medical malpractice lawsuit can potentially drag on for years.

How a Personal Injury Attorney Can Help

If you or a loved one suffered injuries and financial losses due to another party’s carelessness or negligence, you should contact a personal injury attorney as soon as possible. An attorney can help you get clear on your legal rights and next best steps. 

Should you decide to take legal action against a negligent party, a seasoned attorney from our firm can help you with all aspects of your claim, including but not limited to:

  • Gathering the necessary evidence to prove your case
  • Collecting and organizing the evidence for your damages and losses
  • Building a comprehensive case against the negligent party
  • Providing expert witnesses
  • Negotiating for a fair out-of-court settlement
  • Presenting your case strongly at trial

Contact Harrell & Harrell, P.A. Today

After suffering injuries, your first priority should be your health and well-being. Handling a personal injury lawsuit on your own can be stressful and full of potential pitfalls. However, you do not have to struggle alone. Our experienced, determined, and compassionate personal injury lawyers at Harrell & Harrell, P.A, can take the burden off your shoulders and work tirelessly on your case while you are healing. 

We have helped countless victims recover what they deserve and could help you too. To get the process started, contact us today to schedule a free, no-obligation consultation with one of our dedicated team members or call 904-251-1111.

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