Common Myths About Personal Injury Law

Injuries that occur due to the negligence of another person can seriously impair the victim’s ability to work and live at the capacity they did before the injury.  As a result, the judicial system in the United States makes it possible for those hurt in accidents to receive fair compensation for legitimate injuries. Unfortunately, misleading information about personal injury law, attorney’s and victim entitlement has deterred some individuals from actually seeking important legal help after a life-altering personal injury.  In many instances, these victims who try to handle their case on their own, lose out because they did not make a claim, settled too quickly or for far less than they would with proper legal counsel.

Five common misleading myths about personal injury law

• Personal injury cases are impossible to win, so it is best to accept any settlement offered as soon as possible.  

This misconception is the most damaging for someone whose injuries leave them with circumstances that will affect them for years or the rest of their lives.  The reality is that with appropriate legal counsel, most personal injury cases can be settled out of court for a fair compensation within a few months. In the event that a lawsuit must be filed, claims are typically settled within one to two years. The longer estimated periods depend on the variables or subtle nuances that are unique to each case.

• A victim cannot receive treatment for injuries until after the personal injury case is settled.  

The initial period of a personal injury lawsuit is almost exclusively dedicated to addressing the claimant’s injuries, diagnosis and treatment. During this time, the personal injury attorney that is litigating the case will also conduct an initial case investigation and compile key evidence including medical records and other documents related to treatment for injuries to support the claim.

The most important step after an automobile accident is to be evaluated by a medical professional to determine if there are any injuries, type of injuries and potential impact of those injuries.

Treatment for pain and suffering is a critical component for determining compensation. For this reason, it is vital that a victim receive treatment for their injuries immediately after the accident and for as long as they need it during or after the personal injury case is settled.  The prognosis for long term or permanent disabilities is also a key element used in the judicial system to determine an appropriate settlement amount.

Therefore, the necessity for treatment in order to validate and determine compensation; negates this myth.

• Personal Injury attorneys charge huge hourly fees and the victim may get nothing after the case is won.

Personal injury attorneys in civil justice cases do not charge hourly rates. While it is true that they are compensated for their service, in general, personal injury attorneys receive approximately 30-33% of the settlement if the case is settled out of court and 40% if it goes to trial.  If there is no settlement, the lawyer gets nothing and must bear whatever litigation costs they’ve incurred.

Before you retain an attorney to handle your personal injury case, it is important to discuss his fee structure and get an agreement in writing before moving forward.

• Only money hungry people seek help from personal injury lawyers.

Believe it or not some people hesitate or shy away from seeking compensation for injuries after an accident because of this myth.  Especially if, at the time of an accident, any serious or life-threatening injuries were not readily apparent. When people act based on this myth and do not receive adequate or any compensation to defray the costs incurred by injuries, it can negatively impact their lives on many levels.  Automobile injuries can be so debilitating that it can prevent you from returning to normal work and living activities. In some instances, individuals are never able to resume employment or personal relationships at the capacity before the accident again for the rest of their lives. This can create severe monetary and emotional hardship on the victim and their family.

• My injury or accident happened a year ago, so it is too late to file a personal injury claim.

Statute of limitations for personal injury cases differs from state to state.  In the state of Florida, and based on Florida Statutes Annotated section 95.11; a victim of an accident has four years from the date of the incident to file a personal injury lawsuit in Florida’s civil courts. For victims in Florida; the law itself debunks this myth.