Here are 5 Personal Injury Myths That You Hear Often

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This Article was Reviewed by The Chief Editor, Godfrey

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while growing we all had of different myths that were reasons behind injuries and accidents. Personal injury law covers a wide range of cases which range from being bitten by your neighbor’s dog to getting hit by a truck driver who was busy on their phone.

Confusions arise when so many components are squeezed into a single category. Eventually, myths start to spread. These myths can sometimes interfere with how people view personal injury law. It’s particularly harmful when accident victims believe these myths and don’t proceed with legal action. This is why understanding personal injury laws is important.

This article contributes to fighting these myths. It talks about five common myths that you might have heard in random discussions. The objective of this article is to raise awareness about personal injury law so that everyone knows when their rights have been breached and acts accordingly.

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Myth 1: The insurance company is trustworthy

This is the biggest myth that you might have probably heard. Odds are, this was started by the insurance company itself.

The insurance company has a lot to lose if the victim gets fair compensation. They cannot make a profit, and not making a profit isn’t going to satisfy those in suits.

The insurance company will hire an insurance adjuster who will conduct an extensive investigation on the claim and come up with an amount. This amount will be much lower than the victim’s losses. The insurance adjuster will also employ numerous tactics to make the victim accept the settlement amount.

Also, the insurance adjusters get incentives for settling claims for less. They are the last people you should trust.

Myth 2: You can file a personal injury case whenever you want

No, you cannot.

There is a rule that sets a time limit before which a claim must be filed. This rule, called the statute of limitations, applies to both civil and criminal cases. The only exceptions are a few serious criminal offenses, like murder.

According to this rule, the victim has a certain period of time to file a personal injury claim. The victim loses the right to file a claim if this time has elapsed.

The statute of limitations can be anywhere between 2 and 6 years for personal injury cases.

Myth 3: You won’t be compensated for emotional trauma

Victims often experience a range of physical and emotional losses after an accident. The physical losses the victim suffers are usually taken into consideration. But that’s not the case with emotional trauma.

This is because some victims are of the opinion that emotional trauma isn’t as serious as physical injuries. The difficulty involved in calculating emotional losses also deters some from seeking damages.

Personal injury law offers compensation for emotional trauma through non-economic damages. It uses two methods, namely, the per diem method and the multiplier method, to calculate emotional losses.

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Myth 4: Your role in an accident doesn’t matter

It certainly does.

Your level of involvement in an accident will affect the total compensation you receive. It depends on the contributory negligence and comparative negligence rules of your state.

Contributor negligence rules remove the liability of the at-fault party if you had a role to play in the accident. It doesn’t matter how small this role is.

The comparative negligence rule reduces the compensation you receive based on your percentage of involvement in the accident.

Comparative negligence is further split into two.

  • Pure Comparative Negligence: You can seek compensation no matter how big your involvement in the accident is.
  • Modified Comparative Negligence: You cannot seek compensation if your level of involvement is more than 50 or 51%. This depends on the state.

Myth 5: You have to make court appearances

No, you don’t have to.

Court appearances only become a regular thing if out-of-court negotiations fail and the case transforms into a lawsuit.

If not, you don’t have to visit the court. Your personal injury lawyer will handle everything related to the case.

Don’t forget that you will have to accompany your lawyer during the out-of-court settlement negotiations.

Final Thoughts

You just read 5 myths related to personal injury law.

Finding out what is a myth and what isn’t is important in personal injury cases. It is crucial to stay focused on your personal injury case and not take these myths too seriously.

Also, don’t forget to get in touch with a personal injury lawyer so that you have a better understanding of your case and the law.

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About the Chief Editor

Godfrey Ogbo, the Chief Editor and CEO of AtlanticRide, merges his environmental management expertise with extensive business experience, including in real estate. With a master's degree and a knack for engaging writing, he adeptly covers complex growth and business topics. His analytical approach and business insights enrich the blog, making it a go-to source for readers seeking thoughtful and informed content.

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