Personal injury claims can be a complex and often misunderstood area of law. Many people have misconceptions about the process, the outcomes, and their own rights. These myths can lead to confusion about what an individual can gain from a personal injury claim and can prevent individuals from seeking the compensation they deserve. Below are some of the common myths we have seen in our personal injury practice:
It Is Always Expensive To Hire A Lawyer
In other areas of law, such as family law and criminal law, a client’s only option is to pay their lawyer by the hour. Some lawyers also require a retainer before they can start working on the legal matter. This can make pursuing some legal matters very expensive for clients.
However, in the areas of personal injury law, lawyers will often offer a contingency fee arrangement. This arrangement means that the lawyer’s fees are a portion of the amounts recovered for damages on the client’s behalf. At Melanson Law, we do not require a retainer for contingency fee arrangements, and we even cover any disbursements for the duration of the litigation. This means that you are not responsible for paying anything until your personal injury claim is resolved.
A Personal Injury Claim Will Settle Within Days Or Weeks
A common misconception created by television legal dramas is that a personal injury claim is usually resolved within days or weeks. In reality, the timeline for settling a personal injury claim can vary widely. While some cases might settle relatively quickly, others, especially those involving complex issues or significant injuries, can take years to resolve.
The most important factor that impacts the length of a claim is the time it takes for a client’s injuries to stabilize. It is not possible to fully assess your claim until your lawyer understands what the future holds for you, including your ability to work, do your household chores, and participate in your usual daily, recreational, and social activities. It is important that your lawyer be able to answer these questions to ensure that you receive full compensation for your claim. This is crucial because once the claim is settled, you can not go back to the insurance company and ask for more compensation.
It Is Very Time-Consuming To Be Involved In A Personal Injury Claim
Some people believe that being involved in a claim will consume an inordinate amount of their time. However, much of the work, such as gathering evidence and drafting legal documents, is handled by your lawyer. Although a personal injury claim will require your involvement, such as attending medical appointments, giving instructions to your lawyer, and providing testimony, having professional legal support can streamline the process and reduce the amount of time and stress involved. It will also lead to better outcomes for your claim.
You Do Not Need A Lawyer For Minor Injury Or ‘Cap’ Claims
Another myth is that you do not need a lawyer for minor injuries or claims with caps on damages. Often for these types of claims, insurance companies will still offer less compensation than what is fair, unless there is a lawyer involved. A personal injury lawyer can ensure that you receive fair compensation, even for example, in car accident cases where general damages may be capped for minor injuries.
It is also often difficult to tell the severity of injuries at the beginning of the claim. Some injuries look minor at the outset and turn out to be more severe later. Our medical system often treats injuries conservatively to start and then progresses to more involved medical investigations if conservative treatment does not resolve the injury. This means that sometimes injuries are not fully diagnosed until months or years after the incident or accident. A personal injury lawyer will be able to tell you when it is prudent to settle the claim and will be able to protect you from settling too early for less compensation than you are entitled to.
Every Personal Injury Claim Goes To Court
Many people mistakenly believe that most personal injury claims eventually end up in court. In reality, the vast majority of personal injury claims are settled out of court through negotiations between lawyers. The best personal injury lawyers build strong cases for their clients and make it very unappealing for the insurance companies to want to try the case in court. Court proceedings are generally a last resort when a settlement cannot be reached. Settling out of court is attractive to both parties because it saves time, reduces costs, and offers a more predictable outcome.
You Have Unlimited Time To Retain A Lawyer
Time is of the essence in personal injury claims. The sooner you retain a personal injury lawyer, the better your lawyer can build your case, including finding witnesses; gathering evidence; and locating defendants. There are also deadlines, known as statutes of limitations, which dictate how long you have to file a claim. Missing a limitation period can result in losing your right to pursue compensation. It is therefore crucial to consult with a lawyer as soon as possible to set your claim up for the best success.
Conclusion
Understanding the truth behind these common myths can empower you to make informed decisions about personal injury claims. If you find yourself in a situation where you may have a personal injury claim, consider consulting with a legal professional to guide you through the process and to ensure your rights are protected. At Melanson Law, we offer free consultations for personal injury claims. We can answer your questions during these initial consultations and provide you with the information necessary to decide whether pursuing a personal injury claim is the right course of action for you.
