Personal Injury Claims: 7 Myths Debunked
If you’ve been injured in an accident, you might be wondering what your options are. Unfortunately, there are many misconceptions about personal injury claims that keep people from pursuing the compensation they deserve. We’re debunking the most common myths about personal injury cases so you have a better understanding of what happens when you file a claim.
Seven Personal Injury Myths
Myth #1: Personal Injury Cases Always Go to Trial
The main reason that people put off filing a personal injury claim is that they don’t want to have to deal with the stress of several hearings. But in fact, most personal injury cases don’t ever go to trial.
With a qualified lawyer, a settlement can often be reached outside of the courtroom by negotiating with the insurance company and at-fault party. Going to trial is usually only a last resort.
Myth #2: Personal Injury Cases Drag on Forever
Another reason people choose not to file a personal injury claim is because they fear that the case will drag on for years. While this can be true for some complex cases, most personal injury cases typically end in as little as a few months, because they often settle out of court. Working with an experienced personal injury lawyer will ensure that your case takes as little time to settle as possible.
Myth #3: Only Severe Injuries Qualify for Compensation
When you think of personal injury claims, you may only think of severe injuries like brain trauma or spinal cord damage. However, you can file a personal injury claim for any type of injury that was the result of an accident. Even if you think your injury isn’t a big deal, you still deserve compensation.
Minor injuries can get worse later and become much more severe (and expensive) than you expected. If you get injured in a car crash, a slip and fall, or any other type of accident, make sure to seek medical help right away—even if you don’t feel injured. Both minor and serious injuries can take time to show symptoms.
Myth #4: The At-Fault Party Pays Out-of-Pocket
Maybe you’re putting off filling a personal injury claim because you don’t want to force the responsible party to pay out of pocket. But in most cases, the at-fault party’s insurance company actually pays at least a portion of the claims.
As long as the person or company you file the claim against has insurance, they likely won’t have to experience a significant financial loss. You can receive the compensation you deserve without feeling guilty.
Myth #5: Only the Responsible Party Has to Pay
When you file a personal injury claim in Arizona, it’s important to understand how the state calculates who is at fault. Arizona is not a no-fault state, so everyone involved in the accident could be held liable for damages.
For example, say a drunk driver hit you, but you were distracted while crossing an intersection and didn’t give the driver enough time to yield. If the court deems you to be 15% at fault, then you would lose 15% of any damages you are awarded.
Myth #6: You Can File a Claim at Any Time
Many people don’t realize the amount of time you have to file a personal injury claim expires. In Arizona, the statute of limitations is two years after the date of the accident. Once that time is up, you no longer have the right to compensation.
However, Arizona’s personal injury laws do have some exceptions. For instance, if you aren’t aware of the injury until later, then the time limit starts from the date of diagnosis. The statute of limitations can also be delayed if you were a minor or of unsound mind at the time of the accident.
Myth #7: You Don’t Need a Lawyer if You Have Insurance
It’s essential that you speak to a personal injury lawyer after being injured in an accident, even if you have insurance. An experienced lawyer can help negotiate a fair settlement and maximize the compensation awarded to you. If you’re nervous about pursuing a personal injury case, remember that the first consultation at a reputable firm like Van Norman Law is free.
Personal Injury Lawyer in Scottsdale, Arizona
The Van Norman Law team is here to help you get the compensation you deserve. We’ll work on negotiating the best possible settlement for your case, while you focus on recovering from your injury. Give us a call at 480-481-0616 today to schedule your free consultation.
Images used under creative commons license – commercial use (5/30/2023). Photo by Marcus Aurelius on Pexels