8 Common Misconceptions About Personal Injury Claims
- Mateo
- Mar 2
- 4 min read
Updated: Mar 9
When you're injured because someone else was careless or negligent, it's only fair to seek compensation. After all, an injury doesn't cause "just" pain and stress: there are also medical bills and lost wages to think about. But when you start looking into personal injury claims, you're bound to run into a wall of misinformation.
For one, many people assume these cases cost a fortune. Others think they drag on for years or only apply to life-altering injuries. And some think insurance companies will automatically do the right thing (spoiler: they don't always). What these myths and misconceptions achieve is prevent many injured individuals from taking rightful action and getting the justice they deserve.
Below, we clear up eight common myths about personal injury claims so you can make informed decisions about your case.
1. Personal Injury Claims Are Only for Severe Injuries
Not every injury looks serious at first, but that doesn't guarantee that you won't face long-term consequences. A seemingly minor back injury from a slip at a luxury retreat, for example, might worsen over time, leading to chronic pain and mobility issues. Even mild concussions from a low-speed car accident on a driving tour can result in memory problems and headaches that affect your daily life.
However small your injury, if it has caused medical expenses, pain, or lost income, you may have a case. Don't let the idea that your injury "isn't bad enough" stop you from exploring your options.
2. You Can File a Claim Anytime After the Injury
It's important to know that every state has a statute of limitations for injury claims. So if you wait too long, you can lose your right to compensation, no matter how strong your case is.
In most states, you have two to three years from the date of injury to file a lawsuit. That might seem like a long time, but evidence can disappear, and witnesses may forget details. Acting quickly is best.
3. Hiring a Personal Injury Lawyer Is Too Expensive
Many people assume they can't afford legal help, but most personal injury attorneys work on a contingency fee basis. For example, attorneys from TheBradleyLawFirm work on contingency, meaning they don't get paid unless you win your case. In other words, the lawyer takes a percentage of your settlement - so if you don't get compensated, they don't either.
This setup makes legal representation accessible to everyone, ensuring you have an experienced advocate fighting for the best possible outcome.
4. Personal Injury Claims Always End Up in Court
Movies and TV shows make it seem like every personal injury case results in a dramatic courtroom battle, but that's not the reality. In fact, the vast majority of these claims are resolved through settlements.
Insurance companies often prefer to negotiate rather than risk a trial. A skilled attorney can typically reach a fair settlement through negotiation, saving you time, stress, and uncertainty. That said, if the insurance company refuses to offer fair compensation, going to court remains an option.
5. You Can Handle the Claim Yourself Without a Lawyer
While you're legally allowed to represent yourself, it's rarely (if ever) a good idea. Insurance companies are not on your side: their goal is to pay out as little as possible, and they have teams of lawyers working to minimize your claim.
What does this mean? Without legal experience, you might accept a lowball offer without realizing it - or make a mistake that weakens your case. An experienced attorney, on the other hand, understands how to negotiate, gather evidence, and push back against insurance tactics to maximize your compensation.
6. You Can't File a Claim If You Were Partially at Fault
Accidents aren't always clear-cut. Maybe you were distracted when another driver ran a red light, or perhaps you weren't wearing the best footwear when you slipped on a wet hotel floor. That doesn't mean you automatically lose your right to compensation.
Many states follow comparative negligence laws, meaning your compensation is reduced based on your percentage of fault. For example, if you're found to be 20% responsible for an accident, you could still recover 80% of your damages.
7. Personal Injury Claims Are Just About the Money
It's easy to assume that these claims are purely financial, but the reality is more complex. Compensation isn't about getting a payday - one has to cover their medical expenses and lost income, plus there's the impact the injury has on their life to consider.
Also, filing a claim holds negligent parties accountable. If a resort fails to maintain safe walkways, or a tour company neglects proper vehicle maintenance, your claim can push them to improve safety measures and prevent future injuries.
8. Insurance Companies Will Offer Fair Settlements
If you expect an insurance company to treat you fairly, think again. Their primary goal is to minimize payouts, not to ensure you're fully compensated, which is why many offer quick, lowball settlements that don't cover all your expenses.
This is why having a good lawyer is so important: they can ensure you receive a fair settlement that truly reflects the extent of your injuries and losses.
