Injury Attorney Myths Busted: What They Really Do for You
Hundreds of thousands of personal injury cases are filed in the U.S. each year, with states like Florida, Ohio, and New Jersey claiming some of the highest personal injury rates in the country. And yet, many injury attorney myths persist among Americans across all personal injury practice areas.
Do you plan to file a lawsuit through a personal injury lawyer? Make sure you know the truth about these myths before you begin to prevent any confusion they might cause from impacting your case.
Let’s bust several of the biggest injury attorney myths below to reveal what these lawyers can really do for you.
Myth: Choosing To File a Personal Injury Lawsuit Is Frivolous
When considering filing a personal injury lawsuit, family members, friends, and others in your immediate circle might suggest it is frivolous. This is understandable if they remember a time back in the 1990s and 2000s when frivolous lawsuits were quite common, especially within the business world. This and general sensationalism in the media have given some people the wrong impression of personal injury lawsuits.
To be clear, that doesn’t mean people won’t continue to file frivolous lawsuits in 2024. For example, Florida recently went as far as to revamp some of its laws to protect those in the state from them.
But if you have a legitimate reason to file a personal injury lawsuit, you shouldn’t buy into the theory that doing so is frivolous, selfish, or unwarranted. You have a right to take legal action against anyone who has caused you to sustain injuries during a car accident, a slip-and-fall accident, or another type of accident. This can make it possible to cover medical costs and other expenses stemming from accident-related injuries that you otherwise wouldn’t have incurred.
Contact our team today so we can fight to help you get the compensation you deserve.
Myth: Filing a Lawsuit Without a Personal Injury Attorney Is Feasible
Can you file a lawsuit without a personal injury attorney’s legal representation? Technically, yes. No laws say you need a lawyer in your corner to take legal action in a personal injury case, but doing it without one isn’t advisable for many reasons.
Learning how to send a demand letter to the defendant in your personal injury case and filing the proper paperwork in court is difficult enough. However, dealing with the insurance adjusters involved in the average lawsuit will often present insurmountable problems.
You could end up agreeing to a much lower settlement offer than you should if you attempt to file a personal injury lawsuit without an experienced lawyer on your side. They’ll know how to effectively communicate with insurance companies since it’s a key role of a personal injury lawyer.
Myth: Hiring a Personal Injury Lawyer Requires a Retainer
Some people pass up the opportunity to file a personal injury lawsuit simply because they assume they can’t afford it. They think hiring a personal injury attorney will require a retainer, and since they’re often already facing financial hardships caused by injuries sustained during an accident, they stop short of contacting a lawyer to assist them.
You’ll be happy to hear that many personal injury lawyers don’t require retainers. Instead, they usually agree to collect a contingency fee only if they help you earn a settlement or a decision from a judge or jury after working on your case.
That said, not every personal injury lawyer charges clients the same contingency fee. Keep this in mind when you’re comparing different attorneys, and select an option that charges fairly.
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Myth: Taking a Personal Injury Case to Trial Is the Only Option
This is one of the biggest myths surrounding personal injury cases. People take what they see on TV as proof that they must see a personal injury lawsuit all the way to a courtroom to be successful. Naturally, they worry about how time-consuming this will be.
Fortunately, the vast majority of personal injury lawsuits don’t go to trial. Studies have shown that up to 95% of personal injury cases are settled out of court within one year of lawyers filing them.
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Myth: Settling a Personal Injury Lawsuit Is Always the Right Move
Ideally, the defendant in your personal injury lawsuit will want to avoid going to trial and agree to a fair settlement offer long before it reaches this point. This can help you collect the compensation you’re looking for without requiring you to make a series of court appearances.
However, ironing out a settlement outside of court isn’t always the perfect option for personal injury plaintiffs. If a defendant refuses to agree to a settlement that will enable you to pay off medical bills originating from an accident, you’re welcome to let a personal injury lawyer know you want to take part in a trial versus agreeing to a lowball offer.
Myth: Deciding When To File a Personal Injury Claim Doesn’t Come With Time Limits
You don’t necessarily need to rush to file a personal injury claim in the aftermath of an accident that leads to you sustaining injuries. Seek medical attention for these injuries and give yourself enough time to heal.
By the same token, don’t put off scheduling a case evaluation with a personal injury attorney for months or even years. Each state has its own statute of limitations for personal injury cases, and some, like Louisiana and Tennessee, only give residents one year to file claims.
Find out the statute of limitations for personal injury cases in your state and avoid missing the deadline to file one. While there are some exceptions, a judge could dismiss your lawsuit immediately if you miss your state’s statute of limitations deadline.
Reach Out to Us for Help With Finding a Trusted Personal Injury Attorney
Now that you know the truth about some of the prevalent personal injury attorney myths, would you like to touch base with a lawyer who can provide assistance with your case? Contact us at (844) 343-9609 to take advantage of the nationwide network of personal injury lawyers that Accident Hotline can offer.
For a free consultation, call (844) 343-9609
Blog Posts:
The Role of Expert Witnesses in Injury Litigation
Why Expert Witnesses Matter in Personal Injury Cases In personal injury litigation, facts alone are often not enough. While evidence like medical records, photographs, and witness statements paint part of the picture, juries and insurance companies frequently need context and explanation to understand the full scope of an injury and its impact. This is where expert witnesses play a pivotal role. Expert witnesses are professionals—often doctors, engineers, economists, or accident reconstruction specialists—who provide testimony based on their specialized knowledge. Their objective is not to advocate for one side but to clarify complex issues that require professional interpretation. In many cases, their opinions help bridge the gap between evidence and understanding, making them critical to achieving fair compensation.
How Insurance Companies Evaluate Injury Claims
How the Evaluation Process Really Works When you file a personal injury claim, the insurance company begins a process that is anything but simple. Behind every offer or denial, there's a calculated evaluation designed to protect their bottom line. Insurers use data-driven methods, past claim outcomes, and internal guidelines to assess how much—if anything—they believe your case is worth. The goal of the insurance adjuster is straightforward: to settle your claim for as little as possible while closing the file quickly. They'll review your medical records, accident details, and even statements you've made to determine liability and damages. The more organized and detailed your claim presentation, the harder it is for them to undervalue it.
The Dangers of Handling a Personal Injury Case Without Legal Help
Understanding What's at Stake After an accident, it's natural to want to resolve things quickly. Medical bills begin piling up, your work may be disrupted, and insurance adjusters often seem eager to "help." Many people believe they can handle their personal injury claim on their own—especially if the situation seems straightforward. But personal injury law is complex, and even minor missteps can lead to significant financial loss. Without professional guidance, you may underestimate your claim's value, miss critical deadlines, or make statements that insurers later use against you. The legal process is designed to protect both sides, and insurance companies have experienced professionals working to limit payouts. Without an equally skilled advocate on your side, you're at a clear disadvantage. That's why consulting a personal injury lawyer early in the process is often the difference between fair compensation and a costly mistake.
When Should You Switch to a Different Injury Lawyer?
Knowing When It's Time for a Change Choosing the right attorney after an accident is one of the most important decisions you'll make in your recovery journey. However, not every lawyer-client relationship is a perfect fit. Sometimes, despite your best efforts, you may realize that your current representation isn't meeting your expectations. Whether it's poor communication, lack of progress, or a sense that your case isn't being handled effectively, recognizing when to switch attorneys can make all the difference in the outcome of your claim. Switching to a new personal injury lawyer doesn't mean starting over from scratch—it means taking control of your case and ensuring it receives the attention and effort it deserves. Understanding what to expect from your legal representation can help you identify the warning signs that it might be time for a change.
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