Common Myths about Personal Injury Law

August 26, 2022 Personal Injury

Personal injury lawsuits in California are often surrounded by myths and misconceptions. These can make the process seem more daunting than needed and even discourage people from seeking the compensation they deserve. Here, we dispel some of the most common myths about personal injury claims.

  • 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 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.

insurance quote on a personal injury firm and what they will do

  • 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.

empty courtroom and what you'd face if you didn't have a lawyer

  • 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.

Wrapping Up

If you’ve been involved in a car accident, it’s important to know your rights and what to expect from the claims process. An experienced personal injury lawyer can help you navigate the legal system and fight for the compensation you deserve.

Contact Pathway Injury Lawyers today for a free consultation. Our team of experienced personal injury lawyers will help you underst