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Debunking 7 Common Personal Injury Law Myths

Jan 25, 2022

Some personal injury law myths are so pervasive that they have become widely accepted as truths. These ideas are born out of fiction novels and television dramas but do not mirror what plays out in reality. Read on to see if you're guilty of believing one of these seven personal injury law myths.


All Cases Go to Trial


Many personal injury cases are resolved before they ever reach trial. Some personal injury lawyers will tell you that most personal injury cases never go to court! The truth is, most personal injury law firms don't want their clients to have to go through a grueling and expensive trial. That's because trials can be emotionally taxing for everyone involved. According to the Law Dictionary, less than 5% of cases make it to trial.


The Defendant Is Always Rich


It's only natural to think that personal injury cases are always against rich defendants, but this is not always the case. Some personal injury law firms handle cases pro-bono when the defendant is a reputable organization or unable to pay for damages. Even in personal injury cases where a personal injury attorney does handle a plaintiff's case against a rich defendant, it's not always about money. Sometimes there are other injustices involved that need to be corrected.


Personal Injury Law Firms Don't Care About Their Clients


The purpose of personal injury law is to help people who have been injured receive compensation for their injuries. Personal injury lawyers deeply care about their clients and want them to receive the largest settlement possible after they've suffered an injury due to another person's negligence. The law provides for these protections. Insurance companies know it and so do lawyers. If insurance companies played fair, personal injury lawyers wouldn't be needed.


Cross-Examination Reveals Your Lies


It's not true that cross-examinations will always reveal another person's lies. It can, certainly, but it doesn't always happen. By the time a case has reached a point where cross-examinations are happening, most of the discoverable pieces of evidence are found. Both sets of lawyers have had a chance to review statements and other important documentation. Cross-examinations can happen during a deposition and not just at a trial. Its purpose is to vet out any remaining facts or issues that can be dealt with in a case before settlement discussions can occur.


You Can't Afford a Personal Injury Law Firm


Many car accident lawyers will take cases based on payouts received at the settlement of a personal injury case, meaning if you don't win, they don't necessarily get paid. Others may offer extremely affordable payment plans regardless of the outcome of the case.


Court Cases Can Be Filed Anytime


You are not able to file a personal injury case with the court at any time. Each state determines how long an injured party has to make a claim for damages. Some states say you only have two years to file, and others say you have six. Depending on the injury, sometimes there is an even longer limit. If you have a case, you want to file it as soon as possible.


The Court is Backlogged


While there may be some delays in a case's progress some of the time, it's generally not true that the courts are overly backlogged. Because many personal injury cases do not ever go to trial, there is a higher chance yours won't either, meaning it will be wrapped up and settled before court trials are considered.


The laws state how a person involved in a personal injury case can or should be compensated. If it wasn't your fault, you don't have to shoulder that burden alone. Don't make the mistake of attempting to fix it on your own. A knowledgeable personal injury attorney could help.

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