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5 Common Personal Injury Myths

Posted on October 31, 2022

After a preventable accident caused by another party’s negligence, many victims refrain from filing a personal injury claim. Often, their reason for not doing so is because of the following five common myths.  

Myth #1: It is Not Worth Filing a Personal Injury Claim for a Minor Injury

If you believe your injuries are minor after a personal injury accident, there are multiple risks in failing to file or settling a claim too quickly. Understanding the full extent of your injuries will take time. For example, suppose you decide not to file a personal injury claim after a car accident because you did not feel injured or need to seek medical care. However, after several weeks, you begin having severe neck pain and headaches. Come to find out, it is whiplash caused by the collision, but the at-fault party’s insurer argues it is not related to the accident and denies coverage. Therefore, regardless of how you feel immediately after an accident, it is critical to be evaluated by a medical professional and wait to see if your injuries progress before deciding whether to pursue a claim. 

Myth #2: I Will Have To Go to Court if I File a Lawsuit

Approximately 95 percent of personal injury cases are settled out of court and do not involve a trial. However, even if a trial is the best option in your case, your attorney will handle all aspects of your claim, including representing you in the courtroom. In this situation, it would be of your most advantage to have an attorney represent you. 

Myth #3: You Can File a Personal Injury Claim Anytime

U.S. courts abide by a statute of limitations that sets a deadline for how long a personal injury victim has to file a claim against an at-fault party. The statute of limitations differs depending on the jurisdiction and the type of claim being filed. In personal injury cases, most states have a two-year statute of limitations, including In Pennsylvania. If you miss the deadline, you will be barred from recovering compensation. 

Myth #4: I Cannot Afford a Personal Injury Lawyer

Personal injury victims often do not have the financial means to hire an attorney for their case and believe the common misconception that they cannot hire one without providing money upfront. However,  most personal injury lawyers do not charge upfront fees. Instead, they work on a contingency fee basis, which means they only get paid if and when they recover compensation on your behalf. Therefore, if you do not win, you do not owe legal fees.

Myth #5: All Personal Injury Cases Take Years to Settle

Each case is unique, so there is no way to accurately say how long your claim will take. As a result, there is a common misconception that every case takes multiple years to resolve, making it not worth filing. However, with a highly skilled lawyer, most personal injury cases settle within a year. 

If you have suffered a severe and preventable injury but are unsure whether to file a claim, consult an experienced Philadelphia Personal Injury Lawyer today in a free consultation.