Have you ever been injured in an accident that wasn’t your fault? If so, you may be thinking about filing a personal injury lawsuit. But do you know what to expect? There are many misconceptions about personal injury lawsuits that can lead to confusion and frustration.
Personal injury lawsuits are a common way for people to seek compensation after an accident. However, myths and misconceptions surrounding these cases abound. These misconceptions can prevent people from pursuing their legal rights or cause them to make mistakes that could harm their case.
If you are considering filing a personal injury lawsuit, here are 10 common misconceptions about personal injury lawsuits to help you make informed decisions.
Misconception #1: Personal injury lawsuits are frivolous.
One of the most common misconceptions about personal injury lawsuits is that they are frivolous and are only filed to make money. The truth is that most personal injury lawsuits are filed by people who have suffered injuries and need compensation to cover medical expenses, lost wages, and other damages. Personal injury lawsuits are a way for victims to hold negligent parties accountable.
Misconception #2: Personal injury lawsuits are expensive.
Another misconception about personal injury lawsuits is that they are expensive and only wealthy individuals can afford to file them. However, most personal injury lawyers work on a contingency basis, which means they only get paid if the client wins the case. This means that victims can file a personal injury lawsuit without having to pay upfront costs.
Misconception #3: Personal injury lawsuits are time-consuming.
Many people avoid filing a personal injury lawsuit because they believe it will take years to resolve. However, most personal injury lawsuits are settled outside of court, and the process can be completed relatively quickly. In cases that go to trial, the process can take longer, but a skilled personal injury lawyer can help the process stay on track.
Misconception #4: Personal injury lawsuits are only for physical injuries.
Personal injury lawsuits are not just for physical injuries. Victims can also file a personal injury lawsuit for emotional distress, loss of companionship, and other non-physical damages. A skilled personal injury lawyer can help victims identify the damages they are entitled to receive and pursue compensation accordingly.
Misconception #5: Personal injury lawsuits are only for car accidents.
While car accidents are a common cause of personal injury lawsuits, victims can file a lawsuit for any type of injury caused by another person or entity’s negligence. This includes slip and fall accidents, truck accidents, pool accidents, dog bites, medical malpractice, and more. Personal injury lawsuits can be a complex process, but with the help of a skilled personal injury lawyer, victims seek fair compensation.
Misconception #6: Personal injury lawsuits are only for people with severe injuries.
There’s a common misconception that personal injury lawsuits are only for people who have sustained severe injuries. However, this isn’t the case. Personal injury lawsuits can be pursued for a wide range of injuries, from minor to severe, and compensation can cover more than medical bills.
Misconception #7: Personal injury lawsuits are always settled out of court.
While some personal injury cases are settled out of court, others go to trial.The decision to settle a case out of court or go to trial depends on a variety of factors, including the strength of the evidence, the willingness of the parties to negotiate, and the potential risks and benefits of going to trial.
Misconception #8: Personal injury lawsuits are always the fault of the defendant.
Personal injury lawsuits are filed as a result of a person being injured due to the negligence of another. While it’s easy to assume that the defendant is always at fault in these cases, the truth is much more complex. Negligence is a key factor. Negligence refers to the failure to take reasonable care to prevent harm to others. However, on occasion, the plaintiff may be partially at fault for their injuries. Another factor that weighs in is the assumption of risk. For example, if someone is injured while jumping horses on an obstacle course, the operator of the course may or may not be liable for injuries – same with bungee jumping or skydiving.
Misconception #9: Personal injury lawsuits cannot be filed by non-citizens.
The U.S. legal system is designed to protect the rights of all individuals, regardless of their citizenship status. Personal injury laws are not discriminatory and apply to everyone who has suffered harm due to the negligence of another party. This means that non-citizens have the same legal rights as citizens when it comes to filing a personal injury lawsuit.
Misconception #10: Personal injury lawsuits cannot be filed against the government.
In reality, there are instances where individuals can file lawsuits against the government for personal injury claims. For example, the Federal Tort Claims Act (FTCA) is a federal law that allows individuals to sue the government for personal injury claims caused by the negligence of federal employees while they are performing their official duties. Personal injury lawsuit regulations vary by state. Some states limit the amount of compensation that can be received and each state puts into place a statute of limitations, so be sure to contact a personal injury attorney right away for a consultation.
Contact Law Offices of Eric A. Shore
If you’re considering filing a personal injury lawsuit, these common misbeliefs can lead to a significant loss of compensation or can even stop you from pursuing legal action. The Law Offices of Eric A. Shore, your trusted personal injury attorney in Philadelphia and New Jersey, can expertly handle your personal injury lawsuit needs. Contact us online or give us a call at 1-800-CANT-WORK.
