9 Myths About Personal Injury Claims Everyone Should Know

By Ben Gobel on March 14, 2024

Doctor pushing patient into a MRI machine

Personal injury lawsuits offer accident victims a chance to recover compensation for financial losses and pain and suffering due to negligence. Sadly, many victims avoid pursuing claims due to fear of the unknown. Fueled by myths surrounding lawsuits and hiring a personal injury lawyer, the fear perpetuates harm as victims bear their recovery costs. 

At Ogg, Murphy & Perkosky, P.C., we are committed to dispelling these myths. With a proven track record in handling diverse personal injury cases, we strive to empower individuals with accurate information. In this article, we debunk nine common personal injury myths.

Myth #1: The Statute of Limitations Doesn’t Matter in Personal Injury Claims

Many believe there’s no deadline to file a personal injury claim. That’s wrong! Each state enforces a strict deadline known as the statute of limitations, which dictates how long you have to sue after your injury. Missing it generally means losing your right to compensation. Don’t risk it—understand your state’s deadline and consult a lawyer promptly to ensure you meet it and protect your rights. 

Myth #2: Personal Injury Claims Are Always Frivolous Lawsuits

Contrary to popular belief, personal injury claims are not always frivolous lawsuits driven by opportunism. Frivolous lawsuits are rare, and attorneys carefully evaluate cases before taking them. 

Personal injury claims serve one purpose—holding negligent parties accountable and compensating victims for accidents they didn’t cause, whether they sustained major or minor injuries. They help people recover compensation for medical bills, lost wages, and pain and suffering.

Myth #3: Seeking Immediate Medical Attention Isn’t Necessary After an Accident

Don’t be fooled by the initial shock of an accident. Adrenaline can mask hidden injuries, and some conditions, like whiplash, take days to manifest. Despite the myth that it’s unnecessary, prompt medical evaluation is essential for several reasons.

It helps identify and address any potential injuries that may not be immediately apparent. Delayed medical attention can lead to worsening conditions or complications, such as infections or long-term damage.

Also, prompt medical care can help establish a clear record of the injuries you sustained, which can be essential in building a strong personal injury claim. Additionally, immediate medical attention can help ensure that the injured person receives the appropriate treatment and care needed for a full recovery.

Myth #4: Hiring a Personal Injury Attorney Is Unnecessary

You might have heard that hiring a personal injury attorney is unnecessary and that you should handle your claims alone. Insurance companies have experienced insurance adjusters protecting their interests. Get a skilled personal injury lawyer who can:

  • Gather evidence to build a strong case
  • Navigate complex legal procedures
  • Negotiate for maximum compensation
  • Protect your rights throughout the process

An advocate can guide you through the process, reducing your stress and allowing you to focus on healing.

Myth #5: Proving Negligence in Personal Injury Claims Is Simple

Proving negligence in personal injury claims is far from simple. It involves a thorough assessment of various factors and legal standards. To prove negligence in a personal injury claim, four key elements must be established:

  1. Duty: The defendant owed a duty of care to the plaintiff.
  2. Breach: The defendant breached that duty by acting carelessly or failing to act.
  3. Causation: The defendant’s breach directly caused the plaintiff’s injury.
  4. Damages: The plaintiff suffered harm or damages as a result.

proving negligence is an intricate task that requires the expertise of skilled personal injury attorneys.

Myth #6: The Value of a Personal Injury Claim Depends Solely on Medical Bills

This misconception likely stems from the need to document medical expenses. However, medical bills are just one piece of the puzzle. Other factors that determine the value of a personal injury claim include:

  • Insurance policy limits
  • Jurisdictional caps on damages
  • Liability

Personal injury claims involve a comprehensive evaluation that considers both hard medical costs, policies, and intangible suffering.

Multiple Packs Of Pills Laying On The Table

Myth #7: Personal Injury Claims Always Result in Lengthy Court Battles

While this belief persists, the reality is far less dramatic. Only about 2% of these claims end up in court. Most personal injury cases are resolved through settlements, not courtroom showdowns. 

With an experienced attorney, you can negotiate with an insurance company, aiming for a swift resolution. Going to trial is generally a last resort, used only when settlement negotiations fail and both parties cannot agree on the compensation amount. 

Myth #8: Compensation in Personal Injury Cases is Limited to Medical Expenses

While medical bills are the main element, personal injury claims can recover a wider range of damages than just your physical injuries. You may be entitled to compensation for:

  • Lost Wages and Reduced Earning Capacity: Compensates for income you couldn’t earn due to the accident and recovery, as well as future income loss if your injury limits your ability to work
  • Pain and Suffering: Covers the physical and emotional hardship caused by the injury, including mental anguish, anxiety, and depression
  • Property Damage: Covers repairs or replacement of personal belongings damaged in the accident
  • Loss of Consortium: Compensates a spouse for the loss of companionship, intimacy, and household services due to your injury

Understanding these types of compensation ensures that you receive fair restitution for your economic and non-economic damages. Skilled personal injury lawyers help assess all these potential damages to ensure you receive what you deserve.

Myth #9: Any Attorney Can Effectively Handle a Personal Injury Case

Personal injury law is a complex field. While any lawyer might be able to handle a basic personal injury lawsuit, an experienced personal injury attorney offers many advantages. They possess in-depth knowledge of injuries and damages, allowing them to accurately assess your case’s value.

Their experience managing legal cases maximizes your compensation. Expert negotiation skills help secure a fair settlement from insurance companies. They may even have a network of medical professionals for thorough injury documentation.  

Don’t settle for just any attorney, choose one with the skills and experience needed to win your case. At Ogg, Murphy & Perkosky, P.C., our track record speaks for itself. Contact us today for a free case evaluation.