If you sustained injuries due to the negligence of another individual, you might be wondering if you should pursue a personal injury claim. Many individuals often have preconceived notions of what such a case entails, which are often drawn from myths. However, you should not allow these myths to dictate how you decide to proceed with your case.
Here are some of the most common myths about personal injury along with debunking facts to set the record straight:
- You should negotiate your insurance settlement without a lawyer: You most certainly can negotiate a settlement with an insurance company, but it does not mean you should. The insurance company is not your friend and has no interest in helping you obtain the compensation you need and deserve. Their interest is to attempt to settle your case for the lowest amount possible or to try to deny you compensation altogether. Hiring a lawyer sends the insurance company a message that you are serious about your case and are not someone they can easily take advantage of. An attorney will either advise you on how to handle the negotiations or negotiate on your behalf, minimizing the likelihood of any costly mistakes that could derail your case.
- You are going to bankrupt the responsible party if you fight for compensation for your injuries: For some injured victims, there might be a very real concern about the at-fault party’s finances, despite the harm they caused. In fact, more than a few injury victims refrain from bringing lawsuits against those responsible for their injuries because they are worried they might force them into bankruptcy. However, in most cases, the at-fault party’s insurance company would be the one to pay the settlement or judgment. The exception would be if the person responsible for the accident was uninsured or not covered for the accident that caused your injuries.
- If you were partly at fault for the accident, you cannot win a lawsuit: People tend to think that if they share responsibility in an accident, it means they cannot recover compensation. This is not entirely true. While you might not receive the full amount of compensation you would have been entitled to if you were not partially at fault, you can still receive a percentage of it. Your compensation would be reduced by the percentage of fault you are responsible for. For example, if you were awarded $100,000, but were deemed to be 25% at fault for the accident, you would receive $75,000.
- There is no need to go to the hospital after a crash if you feel fine: This is one of the biggest and most harmful myths of all. You should always seek medical attention after being involved in an accident, even if you feel fine. Why? Because not all injuries immediately produce symptoms. If you hit your head against the steering wheel and sustained a concussion, you might not experience symptoms until days or even weeks after the accident and, if you wait that long to see a doctor, it might be argued that you are exaggerating the severity of your injuries. The main reason why you should not put off medical treatment, however, is your health. Your injuries, though serious, might not manifest symptoms until it is too late to minimize the damage.
- You can use the same attorney that handled your divorce to handle a personal injury case: Law is a vast and complex field, so it is unrealistic to expect a lawyer to be well-versed in all areas of the law. Most attorneys choose to focus on certain types of cases or one area of practice. When you choose an attorney, make sure you hire one who is equipped with the knowledge and experience to investigate personal injury cases such as yours.
- Hiring a personal injury attorney is too expensive: As a general rule, most personal injury law firms take cases on a contingency fee basis. This means that a client would not have to pay any legal fees for an attorney’s services unless he or she is able to secure compensation for you. This type of arrangement allows injury victims to obtain a qualified and effective representation that they might not otherwise be able to afford.
- If the other person is clearly at fault, resolving your case quickly should be easy: Depending on how much the responsible party is contesting the liability, even a straightforward case can take some time, especially if the insurance company representing him or her also maintains the defendant was not at fault.
Omaha Personal Injury Attorney
At Carlson & Burnett, our skilled legal team brings together many decades of experience in settlement negotiations and litigation. If you or a family member was injured due to the negligence of another party, you have a right to pursue just and fair compensation. We will build a compelling case and rigorously pursue all available financial compensation on your behalf.
Some of the personal injury cases we regularly handle include car accidents, premises liability, nursing home abuse, product liability, truck accidents, and more.
Contact our office today for the effective legal representation you deserve. Call (402) 810-8611 or contact us online to schedule a free case evaluation.