It can be difficult to separate fact from fiction when it comes to personal injury claims. This is just one of the reasons that it is so important to work with an experienced personal injury attorney – we know the facts and we can steer you in the right direction. To learn about some of the most common myths and the facts behind them, keep reading. Then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you are in need of a free legal consultation.
Personal Injury Cases Always Go to Trail
No. In fact, about 95% of personal injury cases are settled out of court. It is true that the news is more likely to cover the attention-grabbing cases that have gone on for years, but make no mistake – most cases can be handled quickly. Working with an experienced attorney can speed up the process because we know what a reasonable settlement is for your case and we know how to fight for it.
Only People with Life-Threatening Injuries Can Sue
False. You should not expect to get millions of dollars for a case involving a second-degree burn and a sprained ankle, but you should expect to have your expenses covered (assuming someone else was at fault). If you try to settle your case without an attorney, you can count on the insurance company doing their best to try and get you to take as little as possible for the case. This amount may not even be enough for your basic medical care.
Suing the At-Fault Party Will Bankrupt Them
It is not uncommon for a person to hesitate to file a personal injury case because they are worried that the at-fault party will end up suffering serious financial repercussions. This is almost never the case. If the at-fault party had insurance at the time of the accident, then their insurer is likely to be the one paying it.
A Victim Does Not Need an Attorney if They Are Offered a Settlement
This mistake has the potential to be very expensive. The insurance company may offer a settlement but it is extremely unlikely that it is the best deal available. Why? Because the insurance company is there for one reason: To make money. They are worried about how to get the case settled while paying out as little as possible – their goal is not the same as your goal.
On the other hand, an attorney will know how to negotiate, what a fair settlement is, and how to gather the necessary evidence to prove a case.
A Victim Can File a Case Whenever They Feel Like It
False. Depending on the specifics, a victim of an accident has anywhere between six months and three years to file their claim. Missing the deadline can mean forfeiting the right to sue. While it may make sense to wait to file until medical treatment is complete, it is always wise to contact an attorney as soon as possible to ensure you do not miss deadlines.
