Debunking Personal Injury Myths: What You Need to Know

Personal injury cases are an essential component of the US legal system. It provides victims and families the means to seek justice and compensation. These claims can help them recover from their injuries and allow them to go back to their normal lives. However, knowing what are the myths of personal injury cases can be difficult. There are many misconceptions that make it difficult for victims like you to come forward.

If you’re having trouble learning how these cases work, we’re here to help. In this blog, we’ll debunk some of the most common myths around personal injury cases claims and help you learn the truth about your rights. 

What is A Personal Injury Case?

Personal injury cases are typically filed when someone else’s action or negligence hurts another person. Everyone is entitled to a certain degree of duty of care. This means that you must act responsibly to prevent hurting other people. 

If a person breaches this duty of care and injures another person, the victim has every right to sue them for their suffering and damages.

Eleven Myths About Personal Injury Cases

You Can’t File Claims for Minor Injuries

Even if you think your injuries are minor, you still have the right to pursue legal action against the person who hurt you. Minor injuries could still lead to significant medical costs and potentially change your life. 

Some victims experience delayed pain months after the incident. These symptoms often come when you least expect them and can affect your daily routine. 

Before you decide whether to file a lawsuit, we recommend you get a thorough evaluation from a medical professional. Their diagnosis will give you a better idea of the severity of your injuries. 

Personal Injury Claims Can Be Filed Anytime

Victims like you only have a certain amount of time before you lose your right to file a claim. This time limit is often referred to as the statute of limitations. The statute of limitations varies depending on your state and the type of case you want to file. 

For example, injured victims in California have two years from the date of the incident to file a claim. However, if their injuries were discovered at a later time, they have one year from the date of discovery to pursue legal action. 

Once your case’s statute of limitation is up, you can no longer sue the at-fault party.

Personal Injury Cases Only Apply to Car Accidents

Car accidents are just one of the many types of personal injury cases you can file. You can make a claim for different incidents and injuries, such as:

• Medical malpractice
• Product liability
• Wrongful death
• Workplace accidents
• Slip and fall
• Animal bites and attacks

Pursuing a Personal Injury Case Is a Quick Process

One of the most common misconceptions about personal injury cases is that they’re quick and easy. In reality, they can be complicated and extremely time-consuming, depending on the nature of the case.

Negotiations could take time, especially with insurance adjusters who use delay tactics. If you decide to take your case to trial, the litigation process could last for months and even years.

While it’s true that lawsuits can be arduous, this shouldn’t stop you from seeking the justice and compensation you deserve. 

You Can’t File for Emotional and Psychological Damage

Most people assume they can only file personal injury cases for physical harm. However, victims can also include the emotional distress and psychological damage they’ve sustained from the incident.

Depression, anxiety, and PTSD can be as debilitating as physical injuries. However, since these issues are not visible to the naked eye, victims must document them with the help of a medical professional. 

More Treatments Mean a Larger Settlement

Personal injury claims compensate victims like you for the necessary medical care you need to recover from your injuries. Anything beyond this, such as lost wages, must be supported by strong evidence. 

Once you start taking on excessive treatments, the at-fault party could use this against you and prevent you from getting a fair settlement.

You Have To Go to Trial

Filing a personal injury claim doesn’t necessarily mean you have to go to trial. According to the US Department of Justice, most personal injury cases are settled out of court. However, cases involving debilitating conditions, such as traumatic brain injuries, do go to court. 

If your case is fairly straightforward, you could get a fair settlement amount during negotiations. But if you can’t reach an agreement with the at-fault party, you can take your case to trial. 

You Have To Accept the First Settlement Offer

Most insurance providers want to close cases at a minimal amount, so their first offers rarely reflect the true value of a case. 

Fortunately, you don’t have to accept the first settlement offer. So, you can negotiate with the at-fault party until the settlement reaches an amount appropriate for your needs. 

You Can Get Compensated Twice

You only have one opportunity to be compensated for your injuries. Once you file your personal injury claim and a decision is reached, the results are final. If you accept the at-fault party’s initial settlement offer, you can no longer file another claim against them. 

Compensation Is Guaranteed

Every personal injury case is different, which means rulings will vary from one case to another. There’s no way to guarantee compensation, especially without the help of a legal expert. 

You Don’t Need a Lawyer

Although it’s true that you can file a claim without the help of a lawyer, the litigation process can be extremely confusing for those unfamiliar with it. 

There are a ton of factors you need to consider when pursuing legal action. You’ll have to evaluate your claim, gather the evidence, build a strong case, and go against insurance companies with an entire legal team to negotiate on their behalf. 

If you want to increase your chances of winning your personal injury case, you need the help of experienced lawyers who can help alleviate the burden of litigation. 

File Your Personal Injury Case Today

Adamson Ahdoot is a civil litigation firm in California with over 100 years of combined legal experience. With our help, you can trust that the best lawyers will take care of your case with the intimacy and attention to detail of a boutique firm, with the expertise of a larger one.

Our compassionate attorneys will provide you with all the support and guidance you need during this difficult time. We’ll help you examine the best approach for your unique case.

Adamson Ahdoot’s goal is to increase your chances of winning fair compensation. With our help, you can focus on healing while we fight for your rights. 

Call us at (800) 310-1606 and start building a robust personal injury case today.