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.

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.

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.

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.