No one expects to be involved in a personal
injury lawsuit, but every year, there are many thousands of people across the
country injured in accidents due to someone else’s negligence.
For most of these people, it is the first time they have had to engage in legal action. As such, it is not surprising that many injury plaintiffs enter the process with misconceptions about what these claims entail.
The following are a few examples of some of the most common myths associated with personal injury lawsuits:
MYTH: Filing a personal injury claim will help me get some easy cash.
While you might ultimately recover compensation for your medical bills, property damage and pain and suffering, the process is not as simple as making a couple phone calls and collecting your money. You and your personal injury attorney must prove the other party was liable, which can mean collecting evidence from a variety of sources and engaging in negotiations.
MYTH: I can take my time with filing a claim.
This is true to an extent, but ultimately, you must file your personal injury claim within the statute of limitations. For most personal injury cases in New York, that statute of limitations is two years from the time of your injury or from when you discovered your injury.
MYTH: I can handle my case without an attorney.
It is strongly advised that you seek the assistance of a personal injury lawyer in your case. For one, you are likely going to need to focus on your physical recovery, so having to deal with all the legal processes involved with your claim can be overwhelming. Additionally, your attorney will have a cohesive understanding of the laws and rules associated with your case and the strategies that will give you the greatest chance at a positive outcome.
MYTH: I can use multiple avenues to seek compensation.
In most cases, you only have one real opportunity to recover compensation for your injuries. If your case goes to court, the result will be final once the verdict is entered and you will be unable to go back and try to settle with your insurance company or with the defendant. If you’ve been in a car accident and ultimately settle with your insurance company, you will waive your right to file a personal injury lawsuit as a part of that settlement.