If you or a loved one has been hurt in a car accident, slip and fall, or any other injury that another person causes, then you may be entitled to personal injury lawsuits. Claims from a personal injury lawsuit are supposed to cover medical bills incurred and any other expenses that the accident may have caused the person.
In some states, some people who were not directly affected can also claim pain and suffering. If a spouse was harmed and could no longer participate in the relationship, they could claim loss of companionship. All these claims and compensations will depend on your particular case. That’s why it’s essential to contact an attorney at Reep Law to help.
Anyone involved in a personal injury case may be wary because of the many misconceptions on personal injury lawsuits. Not to worry though this article today we try to dispel some of the common misconceptions you might have heard or read about personal injury lawsuits.
Table of Contents
- 1. Your personal injury lawsuits will take too long
- 2. You can file the case anytime
- 3. If you experience minor injuries, you don’t need to file a personal injury case
- 4. Personal injury lawsuits will give you easy money
- 5. You only have one chance to seek compensation
- 6. The defendant pays for everything in car accidents
- Final word
1. Your personal injury lawsuits will take too long
Some people involved in accidents and suffered traumatic injuries fail to file a personal injury case with an attorney because they assume the case might take too long in court.
However, in some instances, some cases may even never make it to court. You may find a settlement out of court. Courts can even settle other cases within weeks because the defendant is anxious to get it over and done with. Some cases may also drag for months if the case becomes a tug of war between the two parties for further evidence and compensation.
2. You can file the case anytime
This is false because personal injury lawsuits are subject to the statute of limitations. When you get an attorney to help you with your case, they will ask you when the case occurred. You should file your personal injury lawsuit within 2-3 years in most states.
The specific amount of time you need to file will depend on the state you are in and the accident you were involved in. There are some cases where a person may not be aware of the extent of their injuries until some years have passed. You will discuss this with your attorney if you have such a case, and they will advise you on the way forward.
3. If you experience minor injuries, you don’t need to file a personal injury case
If you assume that you are not entitled to compensation to cover your medical bills just because you have gotten minor injuries, you couldn’t be further from the truth.
Such cases also deserve their day in court. Most of the time, with such assumptions, many people are offered so little money by insurance companies, and sometimes the money is not even enough to cover your medical expenses. Get yourself an attorney who will help secure better compensation to cover your injuries, even if it’s minor injuries.
4. Personal injury lawsuits will give you easy money
Most advertisements on personal injury lawsuits made by law firms depict the image that if you have a personal injury case, you will get a lot of money just like that. Despite the overconfidence and false advertising on some websites, your attorney has the burden of proof to prove your case. It’s not as easy as an open and shut case that most people assume.
It is essential to go with a reputable law firm that will give you the details so that you don’t have this idea you will become an instant millionaire. Reputable attorneys will tell you the reality of your case to have a realistic idea of what to expect. A good lawyer will be real with you on the probability of winning the case. Some even won’t accept your case if your chances of losing are high.
5. You only have one chance to seek compensation
After your case has been heard and the court makes a ruling, the decision is final. Alternatively, if you decide with the insurance company, you waive your rights to file the case in court and seek further compensation.
6. The defendant pays for everything in car accidents
There are instances where the court may order the driver who was at fault or who caused the car accident to pay for necessary repairs as part of the insurance claim and cover all the medical expenses incurred.
However, depending on your state, personal injuries are usually handled differently in different states. For example, some states have a doctrine known as contributory negligence. It means that the defense can use it to bar you as the plaintiff to compensation if the accident was due to your negligence. Sometimes they even calculate it in percentages. This means that percentage of your fault will determine the percentage of the compensation you get.
For example, if the court finds that you are responsible for 30% of the car accident, they will deduct that amount from the total compensation you are supposed to get. If you are supposed to get $100,000, they will deduct the 30%, which is $30,000, and you will receive $70,000.
On the other hand, other states use comparative negligence where the court will judge both of you for how much you contributed to the car accident. Usually, the figures are lower than the exact.
Most states won’t force an injured person to prove they didn’t cause their accident. As an injured party, you are only required to prove that the defendant’s negligence caused the accident, and most of the time, that is enough to recover damages.
If you or a loved one are involved in an accident, ensure you contact a reputable personal injury attorney as soon as possible. Your lawyer will go over all the details of your case and give you the way forward.
We hope this guide will shed some light on some of the misconceptions there are concerning personal injury lawsuits. There is a lot of information out there, and you could be riding on the wrong information. Having a good lawyer will guarantee you do the right thing.