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Common Myths About Personal Injury Claims



Common Myths About Personal Injury Claims

When you’ve sustained injuries because of someone else’s careless acts, you can file a personal injury claim. This allows you to recover the financial losses these injuries have caused you.

Sadly, common myths that swirl around personal injury keep many people from filing a claim. Learn about the facts rather than believing the fiction to understand more about personal injury claims. Here are some common myths people often believe about personal injury cases.

You Shouldn’t File a Claim for Minor Injuries

After a minor car accident, you may have been told that your injuries can’t be serious if there’s little damage to your vehicle. You may be surprised to learn that some injuries that seem minor at first can worsen with time. They may lead to chronic pain and other delayed health issues. They also have the potential to cause psychological effects that can hinder your quality of life.

A medical examination after your personal injury can help check for deeper issues. Even if your physical injuries heal, emotional ones may take years. All too often, people who believe this myth readily grab the settlement check from the insurance company. As these injuries worsen over time, they realize it’s not enough to compensate them for future medical bills.

You Can Handle a Simple Personal Injury Claim Yourself

Your personal injury accident wasn’t catastrophic and it seems pretty cut and dry who was at fault. You’ve got this, right? Not so fast. The laws surrounding personal injuries are complex, and lawyers spend years studying them. They also keep current with updates and changes to laws.

You could certainly look things up, but you’ll be doing yourself a huge disservice if you try to handle your personal injury case all by yourself. At the very least, you should speak with a lawyer to determine if you have a valid claim and find out what your legal options are.

Some people think they’ll save money by representing themselves, which is often another motivator for them to avoid hiring an attorney. When the insurance company offers a quick settlement, many accident victims snap it up. However, insurance adjusters often take the opportunity to minimize the payout when you represent yourself. They know you don’t have full knowledge of what you can claim for your damages.

You Can Choose to File Your Injury Claim Any Time

For personal injury cases, you have to file your lawsuit before the deadline imposed by the statute of limitations. In Tennessee, you need to file your case within one year of the date of your injury.

This is a short amount of time to gather the evidence you need to show the other party was at fault for your injuries. Even in other states where the statute of limitations is longer, it’s not wise to wait. The sooner you start putting your case together, the less likely you are to run into more obstacles.

Waiting provides the perfect opportunity for the defendant’s insurer to claim that your injury was due to something else after the incident occurred. Start by getting medical treatment immediately following your injury and be sure to do as instructed by your doctors for follow-up treatments. File your claim quickly to avoid obstacles that could diminish the value of your case.

Compensation Is Guaranteed to Injury Victims

While it’s true that many injury victims do receive some sort of settlement to compensate for their injuries, there are no guarantees. There isn’t an attorney anywhere who can promise you’ll win your case or the amount that you want. If anyone tells you it’s easy money, don’t believe them.

You Must Go to Court for Your Personal Injury Claim

Movies and TV shows have certainly made it look like every personal injury case goes to court, but that’s not typically true. The most likely scenario is that things will be negotiated and settled before it can ever get to that point.

A good lawyer will always prepare for going to trial, even if they’re fairly certain they can negotiate a fair settlement.

Generally, the more complex the case, the better chance there is that it will wind up in front of a judge or jury. This tends to happen for injury victims who have debilitating injuries or lifelong impacts. If your case does end up in court, you’ll have to present evidence to convince the judge or jury of what you deserve.

You Can Get Another Settlement from the Same Case

In personal injury law, if you accept a settlement or it goes to court and a verdict is entered, that is the end of the line. You do not get another chance to pursue the case. This is why lawyers urge you to think before you take a settlement. When you represent yourself, you’re more likely to accept a settlement that isn’t enough. You can’t go back and ask for more once the case is closed.

It Costs Too Much to Hire a Personal Injury Attorney

The reason so many people try to handle their own personal injury cases is that they believe it’s too expensive to hire a lawyer. They are under the impression that only rich people can afford legal representation in civil matters like these.

Most personal injury attorneys use a contingency fee model for payment rather than being hired on a retainer. You should ask any attorney you plan to work with what to expect regarding payment and fees, but the majority do not take any money upfront.

With a contingency fee payment model, you do not have to pay anything unless your case settles or you win in court. Generally, the lawyer’s fees for service and any court costs and fees will be deducted from the awarded compensation.

To find out more about how a personal injury attorney can help you, visit

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