7 Myths And Misconceptions About Personal Injury Cases

Posted on: 10 February 2017


Despite how litigious American society has become, personal injury is actually a very serious scenario with potentially devastating consequences for the people harmed. Therefore, it's important to separate fact from fiction in order to understand how the law may actually apply to you when you need it most.

1. Personal Injury Cases Are All Frivolous

While you may read about the most nonsensical suits, simply because they don't really seem sensible, most cases are legitimate instances where someone was hurt due to the fault of someone else. Also, many personal injury lawsuits involve injuries or deaths that were preventable, meaning all these cases can help industries and businesses improve their safety standards so that other people aren't harmed in the same manner in the future. For example, if a faulty scaffolding collapses on a pedestrian, an investigation will likely ensue, regardless of any claim filed; thereafter, the defective product or design which caused the accident will come under scrutiny and could even be outlawed in future manufacturing and usage.

2. Personal Injury Attorneys Work For Free

The only lawyers who work for free are the ones working on pro bono cases. Such cases usually involve lawyers working for the community in some fashion, like for low-income individuals who can't afford traditional fees. Personal injury attorneys may wave fees until a plaintiff is awarded monetary compensation, following the completion of a case; however, this is most likely the scenario only when the law firm strongly believes the case will be won. Individual attorneys and law firms set their own policies, based on the facts of the case.

3. Cases Are Easy To Win

Taking on an insurance company is very rarely an easy task, even if the defendant blatantly violated safety regulations or otherwise seriously compromised the safety of people on their property. Personal injury cases can be long and tedious, with both sides experiencing a lot of stress over the situation. In the meantime, the injured party is likely falling behind on the bills and accumulating medical fees, all of which contributes to even greater stress.

4. You Can Retire After Winning A Personal Injury Case

After all that missed work and all those doctors appointments, chances are good that a plaintiff is fast sinking into the red with their personal finances, not to mention subtracting lawyers fees from any winnings, meaning the reward is going to be put to use right away. Personal injury settlements are calculated using a number of variables, such as the extent of bodily harm and the level of responsibility the defendant had in protecting the injured individual. There are no national averages to reference which would give anyone the idea that they're automatically entitled to a huge sum of money. You simply must take the advice of your attorney into account and have your day in court or during settlement procedures.

5. Anyone Can File Suit Over Anything

While crazy headlines may sometimes leave you shaking your head as to the validity of certain cases, you do actually have to have legal grounds on which to file suit. If you think you have a claim against an individual, business, or government because you were hurt in some way by them, contact an attorney. It is not a myth that many lawyers will provide you with a free consultation either over the phone or in person. If you have clearly been harmed and if another party had a duty to protect you from that harm in a provable way, you can probably file a lawsuit. It's not prudent to get your hopes up and assume you're going to receive a large amount of money, though, so hold off until an attorney tells you there's a case to be won, based on the facts:

  • Has the incident caused psychical, emotional or psychological harm?
  • Is the harm provable?
  • Did someone have a duty to protect you from the harm that was incurred?

6. The Injured Party Always Wins

The insurance companies will fight tooth and nail to avoid a payout, and the attorneys representing them are highly competent individuals. This means that even the most seemingly cut-and-dry case could end up as a victory for the defendant. There are so many variables, both pertaining to the accident itself and the letter of the law, that a plaintiff must rely on the logical advice of an experienced attorney, who knows full well that there are no guarantees when taking a case through the system. However, with a strong settlement strategy, a personal injury attorney is most likely going to convince the plaintiff to avoid a trial, if all the facts point toward the defendant's pending victory.

7. Life Is Perfect After You Win

Depending on how the accident and subsequent injuries change life for a plaintiff, even winning a significant amount of money isn't going to make life perfect. No amount of money can remove some types of pain and suffering, meaning bills may be paid, but enjoying life will be difficult. While it's vital that someone wrongfully injured be awarded the compensation they are legally and morally entitled to, it's also very important that they understand any changes to their life as a result of the injuries and how to find the happiness and peace of mind that make life worthwhile, once all is said and done with their case.

Don't get caught up in societal myths about personal injury law, and take sensational headlines on the subject with a grain of salt. When you've been hurt and really need help, go directly to an attorney who can separate fact from fiction and take the action you need to get your life back on a normal course. To learn more, click here for info.