7 Common Personal Injury Myths Debunked

Published on: 06/05/23 — In 

Are you an injury victim and thinking of filing a personal injury lawsuit? You may have spent thousands of dollars on medical treatments for a severe injury that was caused by someone else. You, as an accident victim, deserve to receive proper compensation from the responsible party for your accident injuries and the medical attention you have received.

There are a lot of common myths that people have about filing an injury lawsuit against the person responsible for your injuries. Many people may feel unsure about the claims process and it seems intimidating to reach out to a personal injury law firm to pursue compensation for injuries.

Illinois personal injury lawyer Chris Ktenas

The following information will clarify seven misconceptions about personal injury and discuss the best way to seek personal injury compensation. If you have further questions about an injury claim call us at 312-300-2515 to schedule a free consultation with a Chicago injury attorney.

Personal Injury Lawsuits Take Too Long

Personal injury lawsuits are often perceived as lengthy and tedious proceedings that have virtually no end in sight. While it is true that many of these cases take a period of time to develop and produce results, this general assumption is not entirely accurate. In fact, if everything goes smoothly with the case and all parties involved cooperate fully, an injury claim can be settled in a few months.

It's important to be aware of some issues that could arise during a personal injury claim which might prolong the process or make it more complicated. This includes uncertain witnesses, lack of ample evidence to support the claim or a disagreement between either singular parties or collective groups among others.

However, an experienced lawyer dedicated to your case will work diligently to resolve any such issues and ensure your claim moves forward as quickly as possible. For example, your experienced injury attorney will present evidence of your legal medical documents and will get reports from your medical professionals to support your case. Having this evidence will certainly make your case move forward quickly.

Your Settlement Money Will Mostly Go Towards Lawyer Fees

Many people often mistakenly believe that the cost of an injury lawyer is outside of their reach, especially while already dealing with their accident. However, this is not always the case. Many times, lawyers will provide a free consultation and operate on a contingency fee basis where they don’t make any money unless the case wins.

This means that if your case is successful, some or all of the settlement may be allocated toward the attorney's fees for handling your case. In such instances, these payments can be deducted from your agreeable settlement amount and only paid if you win the lawsuit.

an injured person with their doctor and attorney

While an up-front payment could certainly be necessary for some circumstances based on an agreement with a lawyer at the start of their service, you should always keep in mind that there are options available that don't require this type of financial arrangement.

As a client, you should also do your due diligence by researching specific attorneys who have experience in handling cases similar to yours and by reading reviews from other clients about their professional services before committing to them.

My Injuries Aren't Severe Enough For a Lawsuit

Many victims of personal injury may feel that their injuries are not significant enough to result in legal action or a financial settlement, but this could not be further from the truth. Legal action is still necessary even in the case of minor injuries to ensure that all medical expenses are accounted for and fair compensation is granted. 

It is important to remember that much like a small rock can form an avalanche if it falls in the right place, minor injuries can often lead to larger issues later on if they are not taken care of properly. In such cases, it is possible that one may find themselves unable to work due to chronic pain – resulting in a threat to livelihood and financial stability.

To counter this, it helps to have an experienced personal injury attorney on hand who can fight for an appropriate outcome regarding legal matters as well as an overall compensation for losses incurred.

Insurance Will Cover All Your Costs

When it comes to insurance, many people have the belief that their insurance policy will cover absolutely any necessary event. Although this is the ideal end goal of insurance, the truth of the matter is that this isn’t always the case.

In reality, depending on the reason for a claim and how much it may be valued, your insurance agent might not be able to do anything if your insurance company won’t accept it.

Even with the friendliest and most honest insurance agent in charge of your policy, you ultimately can still run into issues where they have no control over an insurer's decision-making. Even when seeking help from your insurance provider.

Situations can arise where coverage cannot be offered for certain costs or fees associated with a claim because it's beyond what’s covered based on plan conditions. This is why it's essential that you work with an experienced injury attorney that can help fight for you to get the compensation you deserve if your insurance fails to cover injury costs.

There is Plenty of Time To File a Personal Injury Claim

It is understandable that someone who has suffered a personal injury would want to wait until they have fully healed to file a claim against the negligent party responsible for their injuries. However, the idea that there is plenty of time to begin this type of process is unfortunately false. Personal injury cases have a statute of limitations – often two years from the date of injury – after which time no case can be brought forward.

This time frame could be extended under certain circumstances; however, it can be difficult and complicated to do so. If you find yourself considering a personal injury claim long after the deadline has passed, then it is best to seek advice from a reputable attorney who can advise you about how to proceed.

You Settle Personal Injury Claims On Your Own

When it comes to resolving personal injury claims, many individuals may assume that it's possible to do so on their own. In theory, this is correct - it's certainly possible for someone to attempt this without legal advice. However, providing your own representation is never a good idea and usually yields poorer results than those who hire a professional attorney.

Over time, studies have concluded that hiring a lawyer not only offers the best chance of securing a higher settlement or verdict value but also gives you the best chance of success in your claim.

"personal injury claims" being written on a typewriter

When companies are looking at potential settlements in regard to a personal injury lawsuit, they often base additional considerations on whether or not the individual has retained counsel. This can give the person an automatic edge over someone who chooses to represent themselves because insurers may be less likely to make overly aggressive offers or drag out negotiations unnecessarily when faced with an experienced attorney.

Furthermore, people without lawyers may be forced into accepting smaller payouts than what rightfully belongs to them due to an unfamiliarity with terms specific to legal disputes and the court process as a whole.

You Have to Go to Court for an Injury Claim

For most people, the thought of being involved in a frivolous lawsuit to settle a personal injury case can be intimidating and overwhelming. But in truth, only 2% of personal injury claims go to courts. This is because trials are an expensive endeavor that involves taking risks with uncertain results, so involved parties on both sides stand to benefit more by negotiating a settlement out of court.

Negotiations for an acceptable settlement involve talking about the facts of the case and reaching mutually beneficial conditions that satisfy both parties. If those negotiations can't be successfully completed, sometimes mediators are called in to facilitate communication between both sides and find an amicable solution.

Going to court is always a possibility if settlement negotiations break down or a fair settlement cannot be reached through other means such as mediation. However, before committing to litigation, it's important to understand all of the costs involved with pursuing this route, such as legal fees, filing fees, and expert testimony fees.

All of these financial considerations—as well as potential losses or delays associated with any given outcome—should be carefully weighed before taking your case to trial.

Get the Compensation You Deserve With Our Firm

At Ktenas Injury Lawyers, we understand the physical and emotional repercussions that personal injury victims endure. Our accident attorneys are committed to advocating for our clients and being their trusted advisors throughout the legal process.

We strive to ensure that you receive the maximum compensation you deserve from the fault party by helping manage your insurance companies, negotiating lower fault, or taking any other necessary steps.

From compassionately reassuring people who have just recently been injured to standing up vigorously against large corporations and insurance companies – our legal team has extensive experience and takes pride in doing whatever it takes to see justice served.

Contact our law firm today for a free consultation with one of our personal injury lawyers and we can guide you through the entire personal injury claim process.