Debunking Common Personal Injury Myths
Myths can be dangerous, especially when you’re injured and trying to understand the legal process. Law is complicated, and so it comes with plenty of urban legends attached. So today, we’re separating fact and myth. Have you been injured in an accident? Here are some myths to dispel right away.
Myth 1: Personal injury lawsuits are driven by greed.
Most personal injury lawsuits are filed so that the injured party can receive compensation for the injury. Our laws require that people insure themselves for their own negligence on the road. If you’re injured in a car, insurance exists to ensure that you’re made whole. If you’re injured anywhere as the result of another person’s negligence or wrongdoing, you can hold that person responsible. This includes compensation for your medical expenses, lost wages and pain and suffering. In some cases, a lawsuit may be necessary to get insurance to kick in. This may feel uncomfortable, especially if the party responsible for your injury is a friend or family member. It is not greedy, though, to seek compensation for an injury and to make sure you’re made whole.
Myth 2: You can file a personal injury claim at any time.
Personal injury claims are subject to statutes of limitations. This means that a personal injury claim must be filed by a certain time after your injury, or you may lose your right to pursue legal action. In Pennsylvania, you have up to 2 years from the date of your injury to file most personal injury claims. This includes injuries from car accidents, dog bites, slip-and-falls, bicycle accidents, and even wrongful death claims. If your minor child is injured in a car accident, they have up to 2 years after turning 18 to file a claim, though it’s better to file sooner. Certain suits against the government must be initiated or “noticed” within 6 months of the injury.
Myth 3: You can only file a personal injury claim for a physical injury.
Personal injury claims can include compensation for a variety of damages beyond physical injuries. This can include emotional distress, mental anguish, loss of consortium and a diminished quality of life. These types of damages are often referred to as “general damages.” They are often awarded in addition to “special damages” (lost wages, medical expenses, etc.). Of course, these are harder to prove. But all injuries should be considered when filing a claim.
Myth 4: Personal injury claims always end in large payouts.
The outcome of a personal injury claim can vary. Not all cases will result in a large settlement or verdict. Compensation is often based on the specific circumstances of the case. Factors like the severity of the injury, insurance coverage, and legal representation can all impact the total amount of compensation you receive. The goal of filing a personal injury claim is to make you “whole” financially—to cover your debts, lost wages, and other damages incurred as a result of the injury.
Myth 5: You don’t need a lawyer for a personal injury claim.
While you have the right to represent yourself, navigating the legal world without legal expertise can be challenging and risky. In most cases, a personal injury comes with both pain and stress, complicating an already difficult situation. A personal injury lawyer, like the ones at Cornerstone Law Firm, can advocate for your rights and maximize your compensation, while taking the burden of representation off of your shoulders.
Furthermore, there are many things about an insurance claim that are not common sense, and even some that are “counter common sense.” For example, you may have a right to recover against an insurance policy of your family member who lives with you, even if they weren’t involved in the accident. You may have a right to recover money from your own insurance if the other person doesn’t have enough insurance to cover you. There are many ways that the law in this area can be confusing. Don’t let it trip you up.
If you’ve been injured and you’d like to seek compensation, call Cornerstone Law Firm to schedule your free personal injury consultation today.
