For most people, personal injury law can be complex and challenging to navigate. It doesn’t help that there are numerous misconceptions surrounding it that fuel misunderstanding and hinder eligible parties from seeking compensation. On top of that, regulations vary from place to place. For instance, the state of Oklahoma allows you two years from the date of the injury to file a case in court. It is essential to keep track of the time limit and also other such statutes of limitations. For lay people, reading between the lines and navigating the laws can become tricky. Whenever you require the intervention of a personal injury attorney, seek help from any reputed firm, for example, AizenmanLaw.com. A lawyer can help debunk misconceptions about personal injury law and work towards securing the best possible compensation for your case, guiding you through the legal process with expertise and experience.
To resume, this article debunks common misconceptions about personal injury law so you can make informed decisions.
1. There Is No Time Limit For Filing A Personal Injury Claim
Contrary to popular belief, there are time limits for filing personal injury claims. The timelines vary based on the type of injury and jurisdiction. For example, California gives you two years after the accident or date of injury to file your claim, while Washington has a time limit of three years.
Not filing within the stipulated time frame strips you of your right to pursue compensation. Therefore, in case of an injury, always consult an attorney to understand statutes of limitations and protect your rights.
2. Going To Trial Is Mandatory To Get Compensation
Not all personal injury cases go to court. As such, it is not a must for you to go to trial to get your compensation. Most settlements happen out of court through negotiations between personal injury attorneys and insurance or liable parties.
Going to trial is usually the last resort and only happens if it is in the client’s best interests or if the involved parties do not agree on the settlement.
3. Personal Injury Attorneys Are Too Expensive
If you have suffered severe injuries, you may avoid hiring a personal injury attorney due to financial constraints considering your pending medical bills. However, most personal injury attorneys work on a contingency basis, meaning they get paid after they win the case. You don’t have to incur legal fees before the completion of your case or suffer financial risk. Your attorney will take a percentage of your compensation.
4. Personal Injury Claims Take Forever
This is one of the most common misconceptions that can make you shy away from filing a personal injury claim when you deserve compensation. However, the duration of your legal process will depend on your case’s complexity. Other factors determining how long your case takes include cooperation between involved parties and legal issues surrounding the case. It is common for personal injury cases to be resolved within a year.
5. Filing A Claim For Minor Injuries Is Unnecessary
No claim or injury is too small to file a lawsuit. Personal injury law does not apply or favor only those with significant injuries. Unfortunately, insurance companies usually take advantage of this misconception by ignoring minor injuries or offering inadequate settlements.
Even if you consider your injury or loss minor, it is essential to file a claim as you don’t have to suffer the repercussions of a third party’s negligence. This is because you may suffer what you think is a minor injury but later on experience complications that affect your finances and your quality of life.
6. You Don’t Have To Hire A Personal Injury Lawyer
Most people don’t see the need to hire a personal injury lawyer since they believe they can go through the legal process alone. While it is possible, you set yourself up for a lengthy and challenging legal tussle that may end up with little or no compensation.
Working with a personal injury attorney gives you access to expertise and the necessary resources to pursue a strong case and get the best possible compensation. Personal injury attorneys will fight for your interests and use their knowledge and experience to ensure the case is in your favor.
7. Personal Injury Law Only Applies To Car Accidents
Although car accidents are the most common personal injury cases, it is not the only one covered by personal injury law. Other cases you can file under personal injury law include workplace accidents, medical malpractice, product liability, and even dog bites.
It doesn’t matter the circumstances under which you suffer injury or harm. As long as it is due to someone else’s negligence, you are eligible for compensation under the personal injury law.
Whenever you suffer an injury or accident due to another person’s negligence, you don’t have to shoulder the burden alone. However, you need accurate information to make the right decision when filing for claims. Personal injury attorneys can expedite the legal process so you can focus on recovery!
