Author: Andrew Calandro
11 Personal Injury Law Misconceptions – Debunked
lawyer debunks personal injury law misconceptions

Most people have a general knowledge of what a personal injury lawsuit is, but there are still a large number of personal injury law misconceptions. Fortunately, after reading this article, you will be better prepared to avoid these common misconceptions regarding personal injury law should you or a loved one ever be injured in an accident.

The personal injury attorneys at Calandro Law in Riverview, Florida are dedicated to providing their community with the best legal representation possible. To this end, we want you to know the truth behind these personal injury law misconceptions. Understanding the truth about personal injury cases will help you make better decisions on how to pursue your case.

It Is Not Worth Filing A Personal Injury Claim For Minor Injuries

A common mistake many people make regarding accidents is that minor injuries are not worth taking legal action against. This is simply not the case. Even minor injuries may require expensive trips to the doctor or physical therapy treatments to help you recover. Injuries may also appear minor in the immediate aftermath of an accident only to become major problems with hefty medical bills down the line.

Although your injuries may be minor, your bills and expenses may not be. Remember that you are legally entitled to seek compensation after being injured in an accident. Insurance companies will also try to offer a very low settlement if your injuries are minor. Make sure you are getting fairly compensated for your damages, however minor, by hiring an experienced attorney. 

Speaking With A Lawyer Is Expensive

Many people believe that meeting with a personal injury attorney is an expensive ordeal. This is not the case. Calandro Law offers free consultations and case evaluations. Our attorneys will review the details of the case with you, discuss the circumstances surrounding the case, and let you know your options going forward.

We also encourage anyone looking to file a personal injury claim to ask any questions they may have during their initial consultation. Speaking with a lawyer does not cost you anything and gives you a great opportunity to find out if you have a strong case obligation-free.

You Have Unlimited Time To File A Personal Injury Claim

Personal injury law misconceptions, such as the idea that claims can be filed at any time, are untrue. However, laws regulate how much time you have to file a claim after an accident. Additionally, filing a lawsuit closer to the date of the accident can improve your odds of a successful outcome.

If you fall victim to this misconception, waiting too long to file a personal injury claim can cost you greatly. For example, under the Florida Statute of Limitations, a personal injury claim for a car accident must be filed within four years of the date of the accident.

Insurance Companies Will Offer A Full And Fair Settlement

Accepting the initial settlement offer from an insurance company is one of the biggest mistakes people make after being injured in an accident. An insurance adjuster’s job is to save insurance companies money. They will analyze the evidence surrounding an accident and use that evidence to try and get you to accept the lowest settlement possible.

You could often get a much better settlement by hiring a personal injury attorney. A personal injury lawyer will work for the best interests of their clients rather than for the insurance companies. Your attorney will help gather detailed information about the accident, your injuries, and your current and future treatments to get you the full compensation you deserve. 

Insurance Holders Don’t Need a Personal Injury Lawyer 

One of the many personal injury law misconceptions people hold regarding accidents is that you do not need a personal injury lawyer if you are an insurance holder. If you believe in this myth, you could be left with some big regrets and even bigger medical bills.

In many cases, people fight against their own insurance companies to get a fair settlement. This can be a near-impossible task without the legal expertise of a personal injury attorney. Our Riverview personal injury lawyers have years of experience taking on insurance companies on behalf of victims and their families.

Personal Injury Cases Are Always Long And Drawn Out

People may decide not to pursue legal action after an accident because they believe the case will end up being a long and drawn-out process. On the contrary, most personal injury cases end up being settled out of court before they even go to trial. Every case is unique and some can turn into a longer ordeal than others, but you should always seek compensation if you feel you have been wrongfully injured.

Compensation For Damages Is Always Guaranteed

A common personal injury law misconception that can lead to great disappointment is that compensation for damages is always guaranteed. The myth revolves around the idea that personal injury claims result in “easy money.” 

In reality, the unique factors of each case and differing opinions of judges who handle the case all play a role in how much compensation, if any, is awarded. A personal injury lawyer can help you evaluate your case and determine if you have a strong case worth pursuing.

The At-Fault Party Pays Compensation Out Of Pocket

People may hesitate to file a personal injury lawsuit because they believe in the myth that the at-fault party will have to pay compensation out of pocket. Not wanting to financially burden another person is noble, but the truth is the at-fault party’s insurance company will end up paying the bill if any settlement gets awarded. Or in the case of “no-fault” states, such as Florida, you would end up filing a personal injury claim with your own insurance company under your personal injury protection (PIP) policy

Holding Out Will Result In A Bigger Settlement

One of the most common personal injury law misconceptions is that holding out will result in a bigger settlement. While it is almost always a good idea to not accept the first settlement offer you receive, this does not mean that holding out will lead to a bigger offer. 

Remember that compensation is not guaranteed, and holding out without a valid reason could hurt your case. A personal injury lawyer will help you negotiate fair compensation for your medical bills and damages. Your attorney can help you determine when to hold out for a bigger offer or when you should accept the settlement being offered.

People Filing Personal Injury Claims Are Greedy

One of the most common personal injury law misconceptions is that people who file personal injury claims are greedy and just looking to earn an easy buck. This is completely unfair to assume. Most people filing personal injury lawsuits simply seek fair compensation for medical expenses and property damage they have incurred due to no fault of their own. 

You Can Only Be Compensated For Your Claim Once

This one is true, unlike the rest of the myths in this article. Once you have accepted a settlement from an insurance company, you essentially waive your right to seek further compensation. You also cannot file for further compensation against a party after a personal injury case has gone to trial and a verdict has been reached.

However, in some personal injury cases, more than one party may be held responsible for damages suffered. For example, truck accidents can be extremely complicated cases because of the multiple parties involved. A personal injury attorney may determine that you can seek damages against the insurance company for the trucking company and the manufacturer of a certain part of the truck that may have malfunctioned.

Speak With The Attorneys At Calandro Law Today

There are many personal injury law misconceptions, but one thing that is certainly no myth is that hiring a personal injury attorney will help your case. If you or a loved one has been injured in an accident in Riverview, contact the local lawyers you can trust at Calandro Law.

The accident lawyers at Calandro Law have years of experience fighting for our client’s rights and ensuring they are awarded the compensation they need. Your initial consultation is always free, and we are happy to answer any questions you may have regarding your case. Contact us today at (813) 563-6463 or fill out the form on the right side of the page for your free case evaluation.

 

Andrew Calandro

After earning success litigating cases all over the state of Florida and consulting on cases nationwide, civil trial attorney, Andrew Calandro, decided to focus his practice on his hometown, helping the people of his own community.

RELATED POST

Why You Need a Specialized Rideshare Accident Lawyer

Why You Need a Specialized Rideshare Accident Lawyer

If you’ve been involved in a rideshare accident, you’re likely exploring that it’s not like a typical car crash. You’ll quickly be caught between multiple insurance policies, corporate interests, and a maze of digital evidence crucial to your case. Whether you are a...

The Role of Dashcam Footage in Car Accident Cases

The Role of Dashcam Footage in Car Accident Cases

Like a silent guardian on your dashboard, a dashcam can be your most reliable witness in the chaotic aftermath of a car accident. You’ve probably heard stories of he-said-she-said disputes following collisions, but imagine having an impartial eye that captures every...

How to Handle Hit-and-Run Accidents in Florida

How to Handle Hit-and-Run Accidents in Florida

Did you know that Florida ranks among the top states for hit-and-run accidents? If you’re unfortunate enough to become a victim of this crime, you must act quickly and decisively. The moments following a hit-and-run can be chaotic and stressful, but your actions in...