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Common Myths About Personal Injury Law

August 26, 2022
Pathway Law Firm
insurance quote on a personal injury firm and what they will do

Myths about personal injury law are widespread, often creating confusion and deterring accident victims from seeking the justice and compensation they deserve. These misconceptions can range from unrealistic expectations about the legal process to unfounded fears about the cost and complexity of pursuing a claim. This article will debunk some of the most common myths about personal injury law, empowering you with accurate information and helping you make informed decisions about your legal options.


  • You have to go to court


Most personal injury cases are actually settled out of court. In fact, less than 5% of cases ever see the inside of a courtroom. Your personal injury lawyer will work with the insurance company to negotiate a fair settlement that covers your damages. If an agreement can’t be reached, then your case may go to trial.

myths about personal injury law


  • The insurance company will take care of everything


The insurance company is not on your side. Their goal is to pay out as little as possible, or ideally, to avoid paying anything at all. You should never give a statement to the other driver’s insurance company without first consulting with an attorney.


  • Your own insurance will cover your damages


This is only partially true. If you have collision coverage, your insurance company will pay to repair or replace your vehicle. However, they will not cover your other damages, such as medical bills, lost wages, and pain and suffering. For that, you’ll need to file a personal injury claim against the at-fault driver.


  • You can file the claim any time


There is a statute of limitations for filing personal injury claims in California. This means that you have a limited amount of time to file your claim, or you will be barred from doing so. In most cases, you have two years from the date of your accident to file a claim.


  • Any lawyer can handle your case


You should always consult with a personal injury lawyer before taking any action on your case. Personal injury law is a complex and ever-changing area of the law, and you need an experienced attorney on your side to ensure that your rights are protected.


  • The insurance company will low-ball you


It’s common for insurance companies to initially offer a low settlement amount, hoping you’ll accept it without question. Don’t be fooled – you are entitled to compensation for your damages, and an experienced personal injury lawyer can help you get it.


  • Your case isn’t worth pursuing


Every case is different, and it’s impossible to determine the value of your case without first conducting a thorough investigation. An experienced personal injury lawyer will be able to evaluate your case and give you a better idea of what it may be worth.

myths about personal injury law


  • You don’t need a lawyer


It’s possible to handle your own personal injury claim, but it’s not advisable. The insurance companies have teams of adjusters and lawyers working on their behalf, and you need someone on your side who knows how to level the playing field. An experienced personal injury lawyer will be able to negotiate a fair settlement on your behalf and fight for your rights in court, if necessary.


  • All personal injury lawyers work on a contingency basis


Contingency fees are common in personal injury cases but are not the only option. Some lawyers may require that you pay a retainer fee upfront, and then they will deduct their contingency fee from the final settlement amount. Be sure to ask about your lawyer’s fee structure before hiring them.

     You can’t sue if you were partly at fault for the accident

You can still recover damages even if you were partly at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident that caused $10,000 in damages, you would be able to recover $8,000 from the at-fault driver.

Debunking Myths About Personal Injury Law: Your Next Steps

Understanding the realities behind the myths about personal injury law is crucial for anyone who has been injured in an accident. By dispelling these misconceptions, you can make informed decisions about your legal options and pursue the compensation you deserve.

If you’ve been injured in an accident, don’t let myths about personal injury law prevent you from seeking the legal help you need. At Pathway Injury Firm, we are dedicated to helping victims of accidents navigate the legal system and obtain the compensation they deserve.

Contact us today for a free consultation to discuss your case with an experienced attorney. We will provide you with honest and straightforward advice and guide you through the legal process every step of the way.