Myths About Car Accident Lawyers That Cost People Money
Most people don’t think about personal injury law until they need it. And by then, they’re already dealing with pain, stress, and a flood of information that isn’t always accurate.
Our colleagues at Goldberg Injury Lawyers talk with injured clients every day who walked in believing things that simply aren’t true. A car accident lawyer will tell you that misinformation is one of the biggest obstacles people face when trying to recover fair compensation. We want to clear some of that up.
Myth 1: Personal Injury Cases Always Go to Trial
They don’t. The vast majority of personal injury claims are resolved through negotiation and settlement, never setting foot in a courtroom. Trials are the exception, not the rule. Most insurance companies prefer to settle rather than absorb the time and expense of litigation, and a skilled injury attorney will often resolve a claim well before any trial date is even scheduled.
That said, being prepared to go to trial matters. Insurers know when an attorney means business, and that preparation affects how seriously your claim is taken.
Myth 2: You Have Plenty of Time to File
This one causes real harm. Every state sets a statute of limitations on personal injury claims, and once that window closes, your right to recover is gone regardless of how strong your case might be. In many states, that deadline is two to three years from the date of injury, but there are exceptions that can shorten that window significantly, including claims against government entities.
State injury claim deadlines vary, and waiting to understand yours is a gamble we’d strongly advise against.
Myth 3: If You Were Partly at Fault, You Can’t Recover Anything
We hear this one often. It’s understandable why people believe it, but it’s generally not accurate. Most states follow some form of comparative fault, which means your compensation is reduced by your percentage of responsibility, but not necessarily eliminated.
If you were 20 percent at fault and your damages total $100,000, you may still recover $80,000. The specifics depend on your state’s laws, but the point is: partial fault does not automatically close the door on your claim.
Myth 4: Minor Injuries Aren’t Worth Pursuing
Some injuries that seem minor at first become significantly more serious over time. Soft tissue injuries, for example, can take days or weeks to fully present. If you settle too quickly, before the full picture of your injuries is known, you may be giving up compensation for medical costs that haven’t even appeared yet.
We always tell people: get evaluated by a medical professional first, before making any decisions about your claim.
Myth 5: The Insurance Company Will Treat You Fairly on Their Own
Insurance companies are businesses. They are not designed to maximize your recovery. Their adjusters are trained negotiators working toward efficient settlements, which often means low settlements. That’s not a moral judgment. It’s just how the system works.
Some things to keep in mind when dealing with insurers on your own:
- Early settlement offers are rarely the best offers
- Recorded statements can be used to minimize your claim
- Broad medical releases may give them access to records they don’t need
- Delays in accepting treatment can be used to question injury severity
An injury attorney levels the playing field in ways that are hard to replicate without legal training and experience in these negotiations.
Myth 6: Hiring an Attorney Is Too Expensive
Most personal injury attorneys work on a contingency fee basis. That means you pay nothing upfront, and the attorney only gets paid if you recover compensation. The fee comes out of the settlement or verdict, not out of your pocket beforehand.
According to the American Bar Association, contingency arrangements are standard in personal injury cases precisely because they allow injured people access to legal representation regardless of their financial situation.
The cost of not having representation is often higher than people realize.
If you’ve been injured and you’re unsure whether your situation warrants speaking with a personal injury attorney, we encourage you to at least get informed. Understanding your rights costs nothing, and the right information at the right time can make a significant difference in what you’re ultimately able to recover.