3 Misconceptions About Personal Injury Claims

July 20, 2021 Personal Injury

Personal injury cases arise when a person gets injured in any kind of accident due to someone else’s carelessness (negligence). The most common types of personal injury cases include motor vehicle accidents, medical malpractice, nursing home negligence, premises liability (slip/trip and fall), and product liability. An experienced personal injury lawyer would be the best person to guide you through the process should you ever be the victim in a personal injury claim.    

In this post, we’ll examine some of the more prevalent misconceptions that surround personal injury claims.

Misconception #1: It is better to resolve a personal injury claim on your own

While an injured party can try to resolve the matter on their own, oftentimes, insurance companies will seize this opportunity to take advantage of you or your loved ones.  Without the help of an experienced attorney who knows the range of settlement values, has access to databases that contain verdicts for similar cases, can identify all potential claims for damages that you may be entitled, and knows how to weight the pros and cons of proceeding with a lawsuit, you may be severely disadvantaged in trying to negotiate a settlement.  Unfortunately, insurance companies often try to take advantage of an unrepresented plaintiff by offering a rock-bottom settlement and putting serious pressure on them to settle.  Waiting to see how you fare in the negotiation process is also ill-advised as certain vital information and/or data may need to be preserved, witness statements need to be obtained, etc., before it is too late.  Since personal injury cases are contingency-based, it is best to retain experienced attorneys to help you obtain just and appropriate compensation for your injuries and losses.

Misconception #2: Your insurance company will pay for all bills if you’re injured

In many cases, a lot will depend on how the insurers value an injury case. The fact of the matter is that you can’t depend on your insurance company or the negligent party’s insurance company to obtain the compensation you deserve. Most of these businesses are concerned about their profits rather than giving you a fair amount of compensation. An experienced personal injury lawyer can help you force these insurance companies to do the right thing.  

Misconception #3: Lawyers intentionally lengthen the settlement time

There’s no fixed time limit when it comes to settling the case. A settlement can take anywhere from a few weeks to a couple of years. Some cases move very swiftly, and there are those that can carry on for years. Once you’ve hired a lawyer, be sure that your lawyer will work towards your case to go towards some early resolution. The length of the settlement will largely depend on several variables: (1) who is liable/responsible, (2) the severity and permanency of your accident-related injuries, (3) the amount of insurance coverage, (4) the attitude and reputation of the insurance company as well as the adjuster assigned to your claim, (5) the attitude and experience of the attorneys involved, and (6) when your case will go to trial.  Plaintiff’s attorneys work on a contingency basis and have no reason for wasting any time or delaying your case.  On the other hand, some defendant’s attorneys try to delay the resolution of the case to wear down the Plaintiff and to make money for their firm since they get paid hourly by the insurance company.  

About Joseph Discepola

JPD Injury Law, created by Joseph Patrick Discepola, aims to help personal injury clients get the justice they deserve. Unlike many other law firms, Joseph will listen to your concerns and develop a personalized and effective strategy to help you on your road to recovery. Joseph, a seasoned litigation and trial attorney, uses his experience, technology, and a network of experts, to achieve the outcome you deserve. You can reach out to us at 844-573-4529. You can also fill our online contact form to know more about our services.