Common Personal Injury Myths Debunked
Personal injury claims are often surrounded by misconceptions, leading to confusion about legal rights, the potential for compensation, and the overall claims process.
Many people assume that only severe injuries justify legal assistance from Liberty Trial Law Group, that pursuing a claim is always a lengthy court battle, or that insurance companies will automatically provide fair compensation.
These misunderstandings can cause injured individuals to make decisions that negatively impact their ability to recover financially from medical expenses, lost wages, and other damages. Misinformation can also discourage people from taking legal action altogether, leaving them to bear the financial and emotional burden of an accident that wasn’t their fault.
Additionally, delays in filing a claim or gathering evidence due to a misunderstanding of the process can weaken a case, making it more difficult to secure fair compensation. By debunking common personal injury myths, individuals can gain a clearer understanding of their rights, the legal options available to them, and how to traverse the claims process effectively.
Myth 1 - You Can’t File a Claim If You Were Partially at Fault
One of the most common misconceptions is that if an injured person shares any responsibility for the accident, they can’t seek compensation. However, many states follow comparative negligence laws, which allow an injured party to recover damages even if they were partially at fault.
In states with pure comparative negligence, a person can recover damages even if they were 99% responsible for the accident. However, their compensation is reduced based on their level of fault.
In states with modified comparative negligence, a person can recover damages as long as they’re less than 50% or 51% at fault, depending on the jurisdiction.
For example, if a court determines that an injured person was 30% responsible for a car accident and their damages total $100,000, they may still recover $70,000. Understanding how fault is assigned in a personal injury case can prevent injured individuals from giving up on a valid claim.
Myth 2 - Minor Injuries Don’t Warrant a Personal Injury Claim
Many people assume that if an injury is minor, it isn’t worth pursuing a claim. However, even seemingly minor injuries can lead to significant medical expenses, lost wages, and long-term complications.
Soft tissue injuries, such as whiplash, may not present severe symptoms immediately but can worsen over time.
Head injuries, including concussions, may have delayed effects that impact cognitive function and overall well-being.
Sprains, fractures, and other injuries can lead to chronic pain or mobility issues if not treated properly.
Filing a claim allows an injured person to recover compensation for medical expenses, rehabilitation, and any unforeseen complications that arise. Seeking medical attention and legal advice early can help determine whether a claim is necessary.
Myth 3 - Personal Injury Cases Always Go to Trial
A common fear among injury victims is that filing a claim means they will have to go through a lengthy court battle. However, the majority of personal injury cases are resolved through settlements before reaching trial.
Negotiations between attorneys and insurance companies may lead to a fair settlement without the need for court intervention.
Mediation and arbitration provide alternative dispute resolution methods that can help both parties reach an agreement.
Only cases involving disputes over liability or significant damages typically proceed to trial.
While trial is sometimes necessary, many claims are resolved efficiently through settlement discussions. This allows injured individuals to receive compensation more quickly and avoid the stress of a courtroom battle.
Myth 4 - You Can File a Claim at Any Time
Another misconception is that there is no time limit for filing a personal injury claim. In reality, every state has a statute of limitations, which sets a deadline for how long a person has to file a lawsuit after an injury.
The statute of limitations varies by state and type of injury. In most states, it ranges from one to four years from the date of the accident, according to Lawsuits.org, a legal resource and lawyer directory.
Certain exceptions, such as cases involving minors or injuries discovered later (e.g., medical malpractice cases), may extend the deadline.
If the deadline passes, the injured person typically loses the right to pursue compensation.
It’s crucial to act promptly by seeking medical care, gathering evidence, and consulting a personal injury professional to avoid missing the deadline.
Myth 5 - The At-Fault Party Will Have to Pay Out of Pocket
Many injured individuals hesitate to file a claim because they believe the at-fault party will have to personally pay for damages. However, in most cases, insurance companies handle injury claims.
Auto accidents: The at-fault driver’s car insurance typically covers medical expenses and property damage.
Slip and fall accidents: Homeowners’ or business liability insurance often applies to premises liability claims.
Workplace injuries: Workers’ compensation insurance covers job-related injuries, regardless of fault.
Since most claims are handled through insurance providers, pursuing compensation doesn’t necessarily mean taking money directly from the responsible individual’s personal finances.
Myth 6 - Personal Injury Lawyers Are Expensive
Many people believe hiring a personal injury lawyer is too costly, leading them to handle claims on their own. In reality, most personal injury attorneys work on a contingency fee basis, meaning they only get paid if the case is successful.
Clients don’t pay upfront legal fees.
The attorney’s payment is a percentage of the settlement or court award.
If no compensation is recovered, the injured person typically owes nothing for legal services.
This arrangement allows injured individuals to access legal representation without financial risk. It also incentivizes attorneys to fight for the highest possible compensation.
Myth 7 - Insurance Companies Will Offer Fair Compensation Automatically
Many people assume that insurance companies will provide a fair payout without the need for legal action. However, insurance providers prioritize minimizing payouts to protect their bottom line.
Initial settlement offers are often lower than what the injured person is entitled to.
Insurance adjusters may attempt to downplay the severity of injuries or dispute liability.
Without legal representation, injured individuals may accept a settlement that doesn’t fully cover medical expenses, lost wages, and other damages.
Negotiating with an insurance company or seeking legal assistance can significantly impact the final compensation amount.
Myth 8 - You Can’t File a Claim If You Didn’t Seek Medical Attention Right Away
Some people believe that if they don’t visit a doctor immediately after an accident, they can’t file a personal injury claim. While prompt medical treatment strengthens a case, a delay in seeking care doesn’t automatically disqualify a claim.
Some injuries, such as internal damage or whiplash, don’t present symptoms right away.
Medical records documenting treatment, even after a delay, can still support a claim.
A reasonable explanation for the delay, such as not realizing the severity of the injury, can help justify the timing.
Seeking medical attention as soon as symptoms appear and keeping records of treatments and diagnoses can strengthen a claim.
Myth 9 - A Personal Injury Claim Will Ruin Relationships
Some injured individuals hesitate to file a claim against a friend, employer, or business they frequent, fearing it will damage relationships. However, because insurance typically covers claims, the process doesn’t necessarily involve personal financial losses for the other party.
Filing a claim doesn’t mean accusing someone of wrongdoing; it’s about recovering necessary financial support for medical expenses and lost wages.
Most claims are settled without direct conflict, as insurance companies handle the negotiations.
Businesses and employers often have liability insurance specifically to address accidents and injuries.
Pursuing compensation shouldn’t be seen as a personal attack but rather as a necessary step toward recovery.
Learn More From Our Experienced Personal Injury Attorneys
Misinformation about personal injury claims can prevent injured individuals from seeking justice. From misunderstandings about fault and trial proceedings to concerns about legal fees and insurance payouts, debunking these myths helps people make informed decisions about their cases.
Separate fact from fiction, and contact Liberty Trial Law Group, located in Liberty, Missouri, today to confidently pursue compensation to recover and move forward. The firm serves clients in Liberty, Missouri, and throughout the greater KC metropolitan area.
