8 Common Personal Injury Lawsuit Myths vs Reality
If you find yourself injured after an accident, like a car crash or slip and fall, you may be able to recover a settlement in a Rhode Island personal injury claim. However, some people may not pursue their case due to a commonly held misconception or personal injury myths, causing them to miss out on receiving the necessary funds.
If you’re wondering whether or not it’s worth filing a personal injury claim, we’re here to set the record straight. Below, the Rhode Island personal injury lawyers at Petrarca Law clear up eight common personal injury myths to help you better understand your situation.
How does a personal injury claim work?
“Personal injury” is a legal term for cases where one person suffers physical or emotional injuries due to another person’s negligence.
Some of the most common personal injury cases include:
- Car, motorcycle, or truck collisions
- Workplace injuries
- Slip and falls
- Dog bites
- Medical malpractice
If you successfully prove a personal injury claim, you can recover damages for injury-related expenses, such as hospital and doctor bills, rehab, or time off work.
Common personal injury myths
1. The insurance company wants to be fair
While an insurance company’s marketing may claim to have your best interest at heart, they’re a business just like any other. A claims adjustor may try to gain your trust by showing empathy or reassurance. But remember that their main goal is to settle the case with the lowest financial loss for the company. So, always take their statements with a grain of salt.
2. The insurance company won’t offer more than their initial settlement
An insurance claim’s adjuster may inform you that their first offer is their best and final offer, but this may instead be the lowest amount they believe you’ll accept. In reality, your claim may be worth more. It’s worth consulting with a personal injury attorney to see if you could benefit from further insurance negotiations.
3. It’s not worth filing a claim for minor injuries
Many people associate personal injury claims with life-changing injuries, meaning they don’t want to go through the trouble for a minor personal injury settlement. But if you have a valid claim, even minor injuries can lead to settlements that cover your medical expenses.
What’s more, some injuries, like whiplash or traumatic brain injuries (TBIs), can cause symptoms that you may overlook right away. These “hidden injuries” deserve compensation just as much as major ones.
4. It takes a long time to settle a personal injury lawsuit with a lawyer
After suffering an injury, you’ll be busy recovering and getting your life back on track. While your plate is full, you may think you don’t have time for a lawyer. But in reality, working with a personal injury lawyer means they’ll do most of the work for you, including gathering your medical records and negotiating with insurance companies.
Many people believe a settlement could take years of back-and-forth, but cases settled out of court may take less time than you’d initially think. So how long does a lawsuit take to settle? That depends on the specifics of your case. But if everything goes smoothly and you settle out of court, you can have a settlement in just a few months.
5. The at-fault person has to pay out-of-pocket
Some people may avoid filing a personal injury claim because they don’t think the at-fault person has the money. But in most cases, the at-fault person’s liability insurance will cover the settlement. Their premiums may increase, and they may have to pay the deductible, but they likely won’t be out of pocket for the full amount of your claim.
Additionally, even if the at-fault person doesn’t have insurance, you may still be able to file a claim with your own insurance company in some cases, such as if you have uninsured or underinsured motorist coverage for car crashes.
6. You can’t get a personal injury settlement if it’s partly your fault
While you may think that you’re out of luck if you share partial blame in your personal injury case, that may not be the case. Today, most states operate under a system called “comparative negligence,” which makes it possible to recover damages even if you share a percentage of fault. Your damages will simply be reduced by the amount of fault you contributed to the incident.
For example, if you have $10,000 in medical bills and are 10% at fault while the other party is 90% at fault, you could still recover up to $9,000 in damages.
7. You’ll have to appear in court
If you’re worried that a personal injury lawsuit might lead to court appearances, that usually isn’t the case. According to a study from the Department of Justice, 95% to 96% of personal injury claims are settled out of court. (Although, keep in mind that the data is nearly 20 years old.)
So, if you’re working with a lawyer, you’ll typically only need to schedule phone calls and meetings with them. No courtrooms are required.
8. You have unlimited time to file a claim
You only have a set time window to file your personal injury claim. Most states have a statute of limitations for personal injury claims, and filing outside the time window can disqualify your claim on the spot. For example, Rhode Island has a three-year personal injury statute of limitations, making time of the essence if you want to meet the deadline.
Why hire a Rhode Island personal injury lawyer for your case
Dealing with insurance companies and confusing paperwork by yourself can be overwhelming. If you need help navigating these uncharted waters, Petrarca Law is here to help.
After determining if you have a case, we’ll handle all the key work for you – from filing a claim and gathering evidence to negotiating with an insurance company. We’ll fight aggressively for the full compensation your claim is worth so you can walk away satisfied.
Contact us today for a free consultation.