Common Personal Injury Myths

Top 5 Most Common Myths About Personal Injury Cases

Be it in the news, film, or television, the media loves to sensationalize anything they touch. This has contributed to the normalization of certain myths about personal injury cases. Below, we’ll discuss five myths and reveal the truth behind these misconceptions:

1. The misconception compensation happens only in court
2. The perception that personal injury cases go on forever
3. The dismissal of personal injury lawsuits as “frivolous”
4. The idea that you cannot sue for emotional distress
5. The misbelief that minor injuries shouldn’t be subject to this type of claim

Let’s start with our first myth.

You Have To Go To Court To Get Compensation

After you’re injured, your first concern may include a dreaded vicious legal battle unfolding in a courtroom. Thankfully, things simply do not have to be that way! If you were injured and seek compensation, you may be able to have the other party involved sit at the negotiating table with a mediator rather than before a judge or jury. This is called “mediation”, and it can save you time, money, more peace of mind, and even give you more direct control over the outcome of the case. 

Personal Injury Cases Never End

While there are some personal injury cases that can take months of years to end, a lawyer, like a trusted maritime accident lawyer, knows that the majority of personal injury cases filed in the United States do not go to trial. Most are resolved with a settlement, which is done out of court in mediation or using another form of alternate dispute resolution. Most end within a few weeks to a few months, depending on the severity and complexity of the claim.

Personal Injury Claims Are Frivolous

Perhaps the most common myth about personal injury cases is that they are, without exception, frivolous. Due primarily to the infamous Liebeck v. McDonald’s Restaurants case being derided by the media as frivolous despite significant injuries and apparent negligence on the part of the defendant, personal injury cases often carry with them a certain societal stigma. The truth of the matter is that if you are injured because of another person’s negligence or malice, it is your right to file a personal injury lawsuit. Period.

You Can’t Sue For Emotional Suffering

Emotional suffering can occur regardless of whether you sustain a physical injury. Emotional suffering can be considered for compensation. However, there must be evidence to support the claim. 

Minor Injuries Do Not Warrant Legal Action

You may believe that a minor injury isn’t worth filing a personal injury case over. If so, remember that even minor injuries can snowball into major problems down the road. You may be faced with more hospital bills and other medical bills than you think you’ll face. This is why filing a personal injury claim is important even for minor issues.

Don’t Be Fooled By Personal Injury Myths!

These were only five myths about personal injury cases, but now that you have armed yourself with knowledge, you are better equipped to decide if a personal injury case is right for you! The attorneys at Herschensohn Law Firm, PLLC want you to get the help you need for your case. Schedule a call with your local lawyer to see how to proceed with your case.