A personal injury attorney is always considered as the first person to turn to when involved in an accident that causes an injury to you.
In any case when you are involved in such injuries, getting the right personal injury lawyer would be the most ideal option to help you take the necessary action against the person responsible for the injury. There are however many misconceptions and myths around this subject.
Getting a personal injury attorney who understands personal injury law and that knows the existence of these myths will effectively guide you through each step of the legal process involved. Though your legal representative can help you to claim for compensation in various personal injury incidents, many people only understand personal injury claims from the mythical point of it. In law however, you need to understand that facts are what matters and not the opinions or myths spread out there. Below are some of the most common myths about personal injury claims.
- Personal injury claims are simply a waste of time due to the complication of the legal process. The truth however is that guided by a personal injury attorney that is experienced and knowledgeable in the industry will help you get compensated in a shorter time than you can imagine. Other cases do take a really short time for instance if the person you are claiming compensation from admits to be responsible straight away.
- All personal injury cases are settled in court- this is another misconception that many people have. With the help of a personal injury attorney, you can easily be awarded your compensation without having to go to court. This kind of settlement is fast and preferable by many people because it is also cheap.
- You can claim huge compensation amounts for your personal injury- though this is true to some extent it is a myth spread out there. The truth is that personal injury settlement of claims is based on various factors to determine the amount to be compensated. The extent of injury is all that is used to determine the amount of compensation.
- Compensation culture has led to failure of many personal injury cases- do not be lied to you that making claims that are not genuine could help you cash money from the person you are holding the claim against. Having a genuine claim as a result of illnesses and physical injuries will have you case listened to and sufficient compensation awarded.
- Personal injury attorneys are ambulance chasers- this is a common myth in the legal industry. But the truth is that sustaining a personal injury as a result of someone else’s negligence is considered ground for lawsuit and fair compensation. You therefore need not be discouraged to seek a professional injury attorney to help you in the legal process. Legal attorneys will help you not to lose a genuine case or not to receive your fair compensation.
- Refusing an out of court settlement will earn you better compensation- holding out has been considered to be a smart way to net better settlement but the truth is far from this myth. Do not count your accident as a way to make money from the other party; you only need to represent legitimate claims in court and sufficient settlement will be awarded just as it could have if you agreed to settle the matter out of court. Give negotiations out of court a chance provided you have a personal injury lawyer that understands perfectly how the legal system works in such cases as the one you are involved in.
- All personal injury claims result in compensation- filing a personal injury case is never a guarantee that you will be compensated. Filing the claim is one thing and winning the case is another totally different one. Presented facts are what determine if you will be compensated or not. You therefore need to have genuine claims. Also remember that the insurance companies will be battling it out not to pay the compensation. Talking to your personal injury attorney may be ideal to help you in battling out the case if it goes to court.
- Most personal injury claims are not legitimate- I bet you have seen a number of people saying that many people involved in accidents are filing frivolous lawsuits. The truth is that many of these individuals are genuine and legitimately filing to get compensation for the injuries sustained.
Other common myths that exist in personal injury litigation involve limitation and many personal injury attorneys have been made to believe in them. Some of the misconceptions include;
- The limitation period is six years in a breach of contract case
- Personal injury limitation is three years
- If the client is a patient then the limitation period cannot run
- Limitation period for a fatal accident is three years after the death