Common Misconceptions About Personal Injury Claims: Debunking Myths and Setting Expectations

Taking the Mask Off Personal Injury Claims

Injuries happen all the time. It seems they are nearly inescapable. But when you or someone you know is hurt in a situation that was not your fault, you could be entitled to compensation.

While many people worry that filing a personal injury claim is more trouble than it’s worth, you may never know unless you try. On the other hand, filing isn’t always a guarantee that you will receive the compensation you deserve.

Often, there are stigmas and assumptions people have about personal injury claims, so we are here to clean up the narratives and debunk those common myths to clarify what claimants can expect during the legal process.

1. “If I File a Claim, I'm Guaranteed a Large Settlement”

Reality: Settlements depend on many factors, including the severity of the injury, the clarity of fault, and the coverage limits of the involved insurance policies. There is no real guarantee without a solid case and the expert advice of a personal injury attorney.

2. “I Don’t Need a Lawyer to Handle My Personal Injury Claim”

Reality: Personal injury is complex, and without a thoroughly researched case, it’s unlikely that it will go to trial. Even if it does go to trial, winning the case is another battle entirely. Working with a personal injury lawyer is a simple way to boost your chances. Personal injury lawyers:

• Understand legal processes and terminology
• Have the ability to negotiate with insurance companies
• Offer expertise in assessing the true value of a claim

Starting out with a free consultation is a great way to find out if you have a good case on your hands.

3. “Personal Injury Claims Are Quickly Resolved”

Reality: Personal injury claims are a multi-step process, especially if you want to get the most out of your case. It all starts with seeking medical attention, then filing the claim with insurance, and finally, reaching out to an attorney who can help you negotiate a settlement or get your case to go to trial.

These processes often take longer than people expect because of how many people are involved. Though you can sometimes get a fast and easy settlement before your case goes to trial, it’s not as likely, which extends the process. Patience is key, and following legal advice can ultimately maximize the potential benefits.

4. “Minor Injuries Don’t Qualify for Compensation”

Reality: It never hurts to ask. Even momentary minor injuries can have significant long-term effects, which may help you qualify for compensation. Some injuries that are seemingly small but could qualify for compensation include:

• Whiplash from a car accident
• A dog bite
• A burn
• A muscle strain or sprain from a slip/fall

5. “I Can File a Personal Injury Claim at Any Time”

Reality: There is a statute of limitations that applies to personal injury claims. Though the time varies from state to state, Florida’s statute of limitations on personal injury claims is two years from the date of the injury for most injuries.

Yes, that does mean you have quite a bit of time, but the longer you wait, the less compelling your case will appear to a judge and insurance companies. If you wait too long to file a claim and pursue a settlement, you could lose your chance.

6. “If I Settle, I Can Reopen the Case Later to Claim More Money”

Reality: Settlements are not open-ended. A settlement agreement is the end of your case, so once you accept the terms, there will be no going back. Consider future costs related to your injury before you agree to anything, and always consult your lawyer to determine if you should or should not agree to a settlement.

How to Navigate Your Personal Injury Claim Successfully

Proceeding with a personal injury claim doesn’t have to be complex if you work with a personal injury attorney. At Carl Reynolds Law, we recommend always:

• Documenting everything related to the incident and injuries sustained
• Seeking immediate medical care
• Schedule your free consultation with one of our personal injury attorneys before speaking with insurance adjusters.

From there, we will help you through every step of the way.

There’s a lot of misinformation about personal injury law floating around. Instead of turning to the internet for answers, contact a professional for honest, expert advice.