Not everything you hear about personal injury lawsuits is true. Learn the facts here.
When it comes to personal injury cases, many people think they know everything there is to know. But much of what people think about personal injury lawsuits is nothing more than myth. Learn how to separate fact from fiction in this informative blog.
MYTH: There is no time limit to file my claim.
For personal injury cases and most other types of civil lawsuits, there IS a set time limit. This is know is the statute of limitations, which is a law that varies from state to state. It sets a deadline for filing a claim. The statute of limitations varies by state and by the type of claim involved; a skilled personal injury attorney can tell you how much time you have to bring your claim to court. If you do not file a lawsuit within that time period, you may be prohibited from filing a lawsuit at all. That is why it is so important to talk to a lawyer as soon as possible after you are injured.
MYTH: I cannot afford a personal injury lawyer
Most personal injury cases do not require an upfront payment. Instead, they are handled on a contingency fee basis. This means that the lawyer or law firm will receive a percentage of any award or settlement you receive, instead of charging you an hourly fee. This provides an incentive for attorneys to get the best possible recovery payment for their clients, and is helpful to anyone who cannot afford to pay a lawyer any fees before they have received any money from the responsible party.
MYTH: This will be a quick process.
The reality of any legal matter is that it takes time — and no matter how good your personal injury lawyer is, a lawsuit can often become a lengthy process. There are many people involved in a personal injury lawsuit—the opposing party’s lawyers, witnesses, and even the judge. Scheduling can be difficult, and getting all of the information together can also be a challenge. It’s important to cooperate with your attorney as much as possible to make the process go smoothly and efficiently.
MYTH: My case will definitely go to trial.
While there is always the possibility that a personal injury case will go to trial, the reality is that most cases settle before trial. It may take some time to reach a settlement, and it may not happen until the night before or even the day of trial, but in all likelihood, your case will not go to trial. A good personal injury lawyer will still prepare your case for trial — and be ready to show a judge or jury that you deserve to be compensated for your injuries, just in case a trial occurs.
MYTH: The accident was partially my fault, so I cannot file a lawsuit.
In the field of personal injury law, there is a concept known as comparative negligence — meaning the percentage that each party was at fault for an accident. Some states do not allow someone to file a lawsuit if they were more than 50% at fault for the accident, but in other cases, you can still file a lawsuit and your award may be reduced by the percentage that you are at fault. The best course of action is to contact an experienced personal injury lawyer to evaluate your case and determine whether you can file a claim or lawsuit.
MYTH: I can hire any attorney to handle my personal injury case.
If you want to achieve the best possible result for your personal injury case, choose a law firm that specializes in personal injury law. An experienced personal injury lawyer will not only know the laws governing personal injury cases in your state, but will also understand how these accidents happen and how to negotiate or litigate a recovery payment amount on your behalf.
If you have been hurt as a result of the actions of another person or entity, hire a law firm that knows how to expertly handle personal injury cases — the Law Offices of Larry H. Parker. We offer free consultations, and we never charge a fee unless we recover money for you. Contact us today at 800-333-0000 or info@larryhparker.com.
