9 Public Misconceptions About Personal Injury Cases

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If you’re hurt as a result of someone else’s actions or omissions, you likely know that you can sue them in court. Chances are, you’ve been injured in such a way in the past without filing a lawsuit. It could be that you didn’t take legal action because the injury was extremely minor, or because you have a close relationship with the person responsible for the injury.

But every year, millions of people are held back from taking legal action in pursuit of justice simply because of misconceptions that they have about how personal injury lawsuits work.

Why are these misconceptions so popular? And what are some of the biggest misconceptions to overcome?

Why So Many Misconceptions?

There are a few reasons why there are so many misconceptions about personal injury cases. First, most people aren’t lawyers and have little to no background in the legal space. Accordingly, they only have their intuitions and personal perceptions to draw upon. Without the full context of the law, it’s easy to fall into traps of thinking that mislead you to incorrect conclusions.

Additionally, we are overrun with examples of lawyers and court cases in pop culture that don’t conform to the rules and norms of reality. Making judgments about personal injury law based on something you saw on TV is likely going to lead you to a false understanding.

If you talk to a personal injury lawyer, you’ll have a much better understanding of the nuances of personal injury law – as well as the merits of your case.

The Biggest Public Misconceptions About Personal Injury Cases

These are some of the biggest and most common misconceptions about personal injury cases held by the general public:

1.   Most cases are battled out in court. It’s tempting to think that most cases are battled out in court; after all, courtroom scenes make for excellent entertainment across pop culture. However, the reality is only a tiny fraction of all personal injury claims ever make it to the courtroom. Instead, parties are mutually interested in settling outside of court to avoid expenses and settle things quicker.
2.   Personal injury claims are often frivolous. High-profile examples of personal injury lawsuits are sometimes used to argue that personal injury claims are often frivolous. But this isn’t really the case. The vast majority of people would never even consider filing legal action unless they had a very serious injury. On top of that, even claims for large dollar amounts are often justified by the circumstances; if you read the details of multimillion-dollar settlement cases, you’ll quickly come to understand why those plaintiffs chose to request such high figures.
3.   Personal injury lawyers are greedy. Personal injury lawyers are sometimes derogatorily referred to as “ambulance chasers,” hoping to make a quick buck off of injured parties. But nearly all personal injury lawyers are invested in helping their clients see justice – and they don’t take on cases that aren’t fairly eligible for compensation.
4.   Claims are based on physical injuries only. It’s tempting to think that personal injury claims are exclusive to physical injuries. However, you can also win damages related to your pain and suffering, as well as other subjective factors, like loss of consortium.
5.   A small injury isn’t worth taking legal action over. Personal injury lawsuits aren’t relegated to extremely expensive or severe cases. Even relatively small injuries can prompt you to file a claim, as long as you can accurately measure damages.
6.   If you have insurance, you don’t need a lawyer. Insurance policies protect us against certain types of legal claims. However, even if you have insurance, it’s a good idea to hire a lawyer if you’re ever the defendant in a personal injury case.
7.   You should accept an initial settlement offer if it’s reasonable. There is almost always room for negotiation. Accordingly, most people should not immediately accept the first settlement offer they receive.
8.   You can file a lawsuit at any time. There is likely a statute of limitations on personal injury lawsuits in your area. Once a certain amount of time passes, you’ll no longer be able to bring action against the responsible party.
9.   Lawsuits are resolved relatively quickly. Sometimes, personal injury lawsuits are settled quickly. But in most cases, it takes months, if not years, to fully resolve a case. This is especially true if negotiation settlements fail and the case moves to trial.

If you suffer from any of these misconceptions about personal injury cases, you’re not alone. But now that you know better, you have a much healthier understanding of how personal injury law works – and you’ll be able to make a much more responsible decision if you’re ever injured as a result of someone else’s negligence.