Common Personal Injury Law Misconceptions

Personal Injury Law

If you were injured in an accident at the hands of another, would you feel comfortable talking with a personal injury attorney? Many do not. Many misconceptions surround the field of personal injury law – enough to keep some people from pursuing and filing a claim.

Do you wonder if your injuries are serious enough to make a claim? Maybe you think others will perceive you as greedy. Or, maybe you think it will be too expensive just to sit down and talk.

Let us address some of the more common misconceptions.

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Misconceptions About Personal Injury Law

You may be considered greedy if you file a personal injury lawsuit. This is one of the main reasons injured parties do not file a personal injury claim. They do not want others to perceive them as greedy. However, it is not greed to want the responsible party to pay those mounting medical expenses – expenses that you would not incur were it not for their negligent act.

Personal injury lawyers are too expensive. Most personal injury lawyers will provide at least a free initial consultation to see if your case is viable. When a personal injury attorney takes a case, they typically work on a contingency fee basis. This means that they are only paid if they win the case; otherwise, there will be no attorney fees. When a case is won, generally a percentage of the settlement plus any out-of-pocket costs advanced are deducted from the settlement.

Minor injuries are not worth filing a lawsuit. What you consider a minor injury may not be so minor when it comes to treatment and other expenses. Medical expenses can add up: a trip to the emergency room, medical tests and x-rays, doctor’s visits and more. Take advantage of that initial free visit and talk with a personal injury attorney about your “minor” injuries.

Questions? Call us at (877) 284-6600.

personal injury law misconceptions

Most people do not understand the ins and outs of personal injury law.

You can negotiate a fair settlement on your own. While this may be true, it is not a recommended strategy to take. Most people do not know the ins and outs of the claims process, what statute of limitations apply or even basic legal terminology.

Personal injury lawyers are experts in their field and at negotiating. For instance, an insurance claims adjuster may make a settlement offer of $50,000, which may sound like a lot of money to someone who is stretched thin financially. In reality, the claim may be worth two, three or more times that amount. (Truthfully, insurance companies would probably prefer you handle your own claims.) A personal injury attorney knows how to negotiate with insurance companies and other entities to ensure you receive a fair settlement.

You can file a personal injury claim any time. Many may have heard the term “statute of limitations;” however, they do not really know what that means. This is basically a time limit on how long you have from the date of an injury to file your personal injury claim. You should also know that these statutes are different from state to state and even from the type of lawsuit.

In Missouri, if you are planning to file a personal injury claim, the statute of limitations requires that it be done within five years, starting from the date of the injury.

Personal injury lawsuits take years to settle. Some claims can be settled relatively quickly, while others take time. It is dependent on the specifics of the case. Your personal injury attorney can give you his best estimate but, in general, it is difficult to predict how long your lawsuit will take. For instance, some injuries take longer to recover from or require long-term therapy. In some cases, the negligent party may decide to take a settlement offer rather than go to trial. All of these factors influence the length of a lawsuit.

You are guaranteed a settlement if the liable party is clearly at fault. If any lawyer makes guarantees about the outcome of your case, it may be best not to hire him. There are all kinds of defenses and loopholes that can be used to avoid liability, making a case that seems like a slam dunk go sideways.

Your personal injury claim may bankrupt the negligent party or business. Any settlement you receive from your personal injury claim typically comes from the individual’s or the business’ insurance company. Therefore, the settlement amount you receive is not coming directly out of the business or the individual’s personal accounts. The reality is that the negligent party typically will not be paying out of pocket; it will be their insurance company.

Questions? Call us at (877) 284-6600.


Have you been seriously injured in a motor vehicle accident, a slip and fall or some other accident in which you suffered serious injuries due to another’s negligence? Call Nash & Franciskato at (877) 284-6600. We have a successful track record helping accident victims collect the compensation they deserve.

One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.



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