Personal injury claims can be complex and often misunderstood. Misconceptions can lead to confusion and may prevent individuals from pursuing rightful compensation for their injuries. In this blog post, we’ll debunk some of the most common myths surrounding personal injury claims to help clarify the process and empower you with accurate information.
Myth 1: “Personal Injury Claims Are Just About Money”
Many people believe that personal injury claims are solely about seeking financial compensation. While obtaining compensation is a significant aspect, it’s also about accountability. A successful claim can hold negligent parties responsible for their actions, which may lead to improved safety measures and prevent future accidents. It is also important to remember that our laws provide money damages when a wrong occurs. We do not have eye for an eye justice, nor can we set back things exactly where they were before. Money is the way our society has determined it is appropriate to make someone whole when another causes an injury.
Myth 2: “I Can Handle It on My Own”
Some individuals think they can manage a personal injury claim without legal assistance. While it’s possible to navigate the process solo, having an experienced personal injury lawyer can significantly increase your chances of a favorable outcome. Lawyers understand the intricacies of the law, can negotiate with insurance companies on your behalf, and know how to present your case effectively. There may also be parts of the law or process that you are unfamiliar with, but that a lawyer knows, helping you maximize your recovery.
Myth 3: “I Don’t Need to File a Claim if I’m Partially at Fault”
Many people mistakenly believe that if they share any responsibility for an accident, they cannot file a claim. However, Washington follows a comparative negligence rule, meaning you can still recover damages even if you are partially at fault. The compensation you receive may be reduced based on your percentage of fault, but it’s still worthwhile to pursue a claim.
Myth 4: “All Personal Injury Cases Go to Court”
While it’s true that some personal injury cases do end up in court, the vast majority are settled out of court, or at least before they get all the way to a jury trial. Insurance companies often prefer to settle claims to avoid the unpredictability of a trial. Your lawyer can negotiate on your behalf to reach a fair settlement, saving you time and stress. But also remember, in some cases, going to trial might be the best outcome for you and having an experienced trial lawyer on your side who is willing to fight for you and share your story is crucial.
Myth 5: “I Have All the Time in the World to File My Claim”
Many people believe they can wait indefinitely to file a personal injury claim. However, Washington has specific statutes of limitations, which set deadlines for filing a lawsuit depending on the circumstances. Waiting too long can result in losing your right to seek compensation, so it’s crucial to act promptly after an injury. It is especially critical to act if your claim occurred on tribal land, as they have their own rules and laws in terms of timing and procedure.
Myth 6: “You Can’t Receive Compensation for Emotional Distress”
Some individuals think that compensation is limited to medical expenses, lost wages, or the damage to your vehicle. But in reality, the most significant part of a personal injury claim is often the human damages that do not have a fixed price. Washington provides for what we call “noneconomic damages,” or the human damages, for pain, suffering, inconvenience, disability, disfigurement, loss of enjoyment of life, injury to reputation, humiliation, and future damages as well. These damages need to be considered and developed depending on the unique circumstances of each case, and an attorney who cares about you as a person and wants to genuinely get to know you can better understand these damages in order to present them in a compelling way.
Myth 7: “Insurance Companies Always Act in My Best Interest”
It’s a common belief that insurance companies prioritize the well-being of their clients. In truth, insurance companies often focus on their bottom line, which may lead to lowball settlement offers or delays in processing claims. It is also the case that many insurance companies have adjusters on your claim who are not located in Washington and may not be familiar with the laws and rights you have as a claimant in Washington state. Having a knowledgeable personal injury attorney can help ensure that your rights are protected and that you receive a fair settlement, not just what the insurance company or adjuster has decided your claim and life are worth.
Conclusion
Understanding the truth behind these myths can empower you to take the right steps following an injury. If you or someone you know has been injured due to someone else’s negligence, it’s important to seek legal advice as soon as possible. At Spencer Injury Law, we lawyer can help you navigate the complexities of your case and work toward securing the compensation you deserve. Remember, being informed is your first step toward justice – call (425) 300-1955 today for a free consultation or to discuss your personal situation and options.
