Personal injury claims are confusing. That’s a fact.
The average person who sustains an injury due to someone else’s negligence has no clue how the process of filing a claim works. And that lack of knowledge costs them—sometimes thousands of dollars—that they were owed from the start.
Misconceptions about everything from slip and fall accidents to motor vehicle collisions cause injury victims to mess up before they even contact a lawyer. Believe it or not, these cases (which include premises liability claims when you are hurt on someone else’s property) are much more accessible than you might think. Partnering with a knowledgeable personal injury lawyer in Cabot, AR allows you to have an advocate on your side who knows the law, knows your state’s legal standards, and can fight tooth and nail for what you deserve.
Time to debunk these myths…
Before diving headfirst into the common misconceptions surrounding personal injury claims, here’s a quick list of what gets covered:
- Do I have to go to court?
- Can I file for “minor” injuries?
- How long do I have to file a claim?
- Will my insurance company play ball?
- Is a lawyer expensive?
Misconception #1: Filing a Personal Injury Claim Means Going to Court
Well this is terrifying.
If you believe the only way to handle a personal injury case is through the courtroom, you’ll never start a claim. Period.
Here’s the thing:
Approximately 95% of personal injury cases settle out of court. Meaning, they never have to step foot inside a courtroom. Negotiation is the name of the game for almost all personal injury claims. A good personal injury lawyer will negotiate with the negligent party’s insurance company to try to reach a fair settlement. Trial is always the last resort and not usually necessary.
Misconception #2: “Minor” Injuries Don’t Qualify for Personal Injury Claims
“This hardly hurt at all.”
Sound familiar?
You were in an accident and you feel fine. No bruises, no cuts, nothing. Just because you feel fine or you didn’t seek immediate medical attention, doesn’t mean you don’t qualify to file a claim.
Typically when you hear the term personal injury it conjures images of very serious injuries. However, personal injury claims involve not only injuries to the body, but injuries to you emotionally and financially as well. You may feel fine now, but what if your injury gets worse as time goes on? Some common injuries that may arise over time are back injuries, soft tissue damage and even concussions.
Did you know that some of the most beneficial evidence to support your personal injury claim is medical records obtained immediately following the incident? Waiting to seek medical attention not only weakens your claim, but may cost you.
Don’t automatically assume your injury was minor. Only an experienced personal injury lawyer can help you understand whether you qualify to file a claim or not.
Misconception #3: You Have Plenty of Time To File a Claim
Boy, do you ever not.
Just because you can file a claim 3 years after your accident occurs doesn’t mean you should. Every day that goes by is another day your evidence is destroyed.
Each state has what is called a “statute of limitations”. This is the maximum amount of time the injured party has to file a claim from the date of the incident. In Arkansas, that statute is three years. But here’s the catch. Once the time limit has passed, you lose your right to file a claim altogether.
The statute of limitations isn’t the only deadline you have to worry about though. Here’s a list of things that could possibly destroy your claim if you wait too long:
☑ Video surveillance gets erased.
☑ Witnesses move, forget details, or become unwilling to help.
☑ The cause of the accident (i.e. wet floor) is cleaned up.
☑ Medical records are nowhere to be found.
Time is not your friend when it comes to filing a personal injury claim.
Misconception #4: Insurance Companies Will Always Try To Be Fair
Newsflash.
Insurance companies are a business like any other. Their goal is to maximize profits and minimize losses. As their customer, your well-being and compensation are their LAST priority.
Facts state that 73% of uninsured claimants accept the first settlement offer from their insurance company. The first offer is always too low. That’s 40-60% below what your claim is actually worth. But since most people don’t even know that, they take the first offer and call it a day.
7 out of 10 people who file a personal injury claim receive some form of compensation. But the compensation you could be entitled to drops SIGNIFICANTLY if you don’t have a lawyer on your side.
Always consult with a lawyer before accepting a settlement offer from your insurance company, even if you just want a second opinion. A quick consultation can help you learn more about what you’re entitled to and if the offer made is even worth considering.
Misconception #5: Injury Lawyers Are Too Expensive
If you aren’t required to pay your lawyer unless you win your case, then how can they afford to live?
See, most personal injury lawyers work on a contingency fee basis. What that means is:
- You aren’t charged anything upfront.
- You don’t owe your lawyer anything if you don’t win your case.
- Your lawyer takes their fee from the settlement amount.
Essentially this means that personal injury lawyers only get paid if you get paid. It’s a “no harm, no foul” type of deal. So don’t let price stand in the way of seeking the justice you deserve.
Simple enough, right?
Now take a look at what makes premises liability cases unique.
Unique Cases Require Unique Personal Injury Lawyers
When it comes to premises liability claims, there are a few other unique factors that you should know about.
Landlords and property managers are responsible for the well-being of their tenants and guests. When they fail to do this, and you get hurt, you can hold them liable for your injuries. Some of the most common premises liability claims include:
- Slip and falls
- Objects falling from height
- Fires due to faulty wiring
- Poorly maintained common areas
With a premises liability claim, you’ll need to prove that the property owner knew about the hazard but didn’t take care of it. Other states require you to prove that the landlord SHOULD have known about the hazard. That is a very specific standard that you will want to make sure your personal injury lawyer is familiar with.
Just because an attorney is licensed doesn’t mean they can or will handle your case. You want someone who has handled premises liability claims before.
There you have it.
Hopefully these aren’t misconceptions you believed. Here they are one more time:
- You will most likely NOT have to go to court.
- Yes, “minor” injuries can qualify to file a personal injury claim.
- Do NOT wait to file a claim.
- Insurance companies do NOT have your best interest in mind.
- Injury Lawyers will NOT break the bank.
If you believe you were injured due to someone else’s negligence, schedule a free consultation today.
