Injury law can be complicated, and people often misunderstand personal injury lawyers. Dispelling these falsehoods will enable individuals who have been injured to understand the process more fully and make more informed decisions when seeking compensation for injuries sustained.
Many people believe personal injury claims are frivolous. While certain high-profile cases might garner media coverage, evidence of real injuries must exist for a claim to be considered valid.
1. All personal injury lawsuits are frivolous
People watching personal injury lawsuits on television or in movies may get the false impression that an explosion of frivolous lawsuits hinders our justice system. That is incorrect. Lawyers help with injury claims so people can get the compensation they need.
The media often covers instances such as when a woman sued McDonald’s for millions after she was burned by hot coffee; such stories give an inaccurate picture of personal injury lawyers as greedy and frivolous lawyers.
Many personal injury cases do have merit. To file a successful personal injury claim, there must be proof that someone was at fault and caused injuries. While trials may sometimes be necessary to establish negligence, most claims can be settled via negotiations or settlement agreements.
Reputable personal injury attorneys do not seek out frivolous lawsuits. Filing too many frivolous lawsuits may damage their reputation and drive away clients with legitimate legal needs; furthermore, litigating frivolous cases takes time and resources away from legitimate, winnable cases needing their services.
2. All injury law lawsuits are expensive
Many people assume that personal injury lawsuits are prohibitively costly; however, this is often untrue. Most personal injury cases settle pretrial, making them significantly cheaper than going to trial. Therefore, you must retain an attorney with personal injury law experience to manage your claim effectively.
Keep in mind that while most personal injury claims can be settled out-of-court, there’s no guarantee of compensation. A judge could rule differently than you expected, or the other party’s insurance company might deny your claim altogether – hiring an attorney will help prevent these pitfalls and help secure a fair settlement that meets your needs.
People often refrain from filing personal injury suits due to fears that it will make the at-fault party’s life unbearable or cause financial hardship, but this needn’t necessarily be the case as most often their insurance will handle compensation for injured parties – with the exception being punitive damages which punish an individual or organization for particularly harmful actions.
3. All personal injury lawsuits drag on for years
Personal injury lawsuits provide accident victims with an effective tool to recoup financial losses sustained as a result of injuries they have experienced. Many misconceptions surrounding these types of claims can dissuade individuals from filing their cases and seeking the justice they are due.
Most cases tend to settle quickly, but the length of time depends on various factors, ranging from case complexity, client cooperation issues, and phone/address changes to logistical considerations like changing phone numbers/addresses.
Be mindful that personal injury lawsuits do not only cover physical injuries; victims can also file claims for non-physical losses such as loss of companionship and emotional distress. A competent injury attorney can help identify these damages and pursue maximum compensation on behalf of their client.
4. Ambulance chasers file all personal injury lawsuits
There’s an unfortunate stigma attached to personal injury attorneys known as an “ambulance chaser.” This refers to attorneys who proactively search out accident victims to hire them as clients, sometimes through hiring “runners” or “cappers.” While illegal in California, this practice still casts a shadow over the entire personal injury industry.
Although some lawyers may perpetuate this stereotype, most personal injury attorneys are highly-regarded professionals who work diligently on behalf of their clients to secure fair compensation. Without legal guidance, reaching an equitable settlement for one’s injuries would likely be impossible.
An attorney’s alleged pursuit of a victim may actually be due to legitimate marketing tactics that do not violate any laws. Most personal injury cases do not reach court and are often settled outside, which provides faster and more cost-effective resolutions for both sides involved.
5. Greedy lawyers file all personal injury lawsuits
Many people mistakenly believe that personal injury lawsuits are filed by lawyers attempting to cash-in on personal injuries for millions in compensation payments, however the reality is that most personal injury attorneys care deeply about helping their clients receive what compensation is owed them.
Understand that most personal injury cases are resolved through settlement negotiations before trial. Skilled attorneys have the skills to negotiate fair agreements that compensate victims without lengthy litigation processes.
Personal injuries can result in psychological and financial damages, which often go overlooked. An experienced personal injury lawyer can help you identify all forms of compensation and pursue them effectively.
Misconceptions about personal injury law persist online and in daily conversations, creating much confusion and discouraging injured parties from seeking the compensation that is rightly theirs.
By dispelling common myths surrounding this field, we aim to give individuals an accurate picture of legal proceedings so that if an accident does happen, they are empowered to take appropriate action in response.