Debunking 7 Common Personal Injury Lawsuit Myths

If you’ve been injured as a result of someone else’s negligence, you may be thinking about whether or not you should pursue a personal injury lawsuit. Before you make such a decision, however, it’s worth reviewing some of the most common myths about personal injury lawsuits and how they can cause injured individuals in Ohio to walk away from the compensation they deserve.

What Is a Personal Injury Claim?

A personal injury claim is a legal action taken when an individual suffers harm as a result of the negligence or wrongdoing of another individual. Common types of personal injury claims include automobile accidents, slip-and-fall accidents, workplace injuries, and accidents caused by reckless drivers.

Individuals in Ohio who have suffered an injury from another individual may be entitled to compensation for their injuries. The process of making such a claim, however, is when many myths begin to spread regarding the legal process for such claims.

7 Personal Injury Lawsuit Myths

Here are some of the most widespread misconceptions about personal injury cases and the truth behind each one.

1. You do not need a lawyer for a personal injury claim

One of the most common myths about personal injury lawsuits is that individuals do not need to work with a personal injury lawyer to pursue their case. Insurance companies have experienced legal teams working to minimize the number of claims that they must pay.

Should you accept the offer from the insurance company without the assistance of a personal injury lawyer, your claim may not provide you with the compensation that you require to pay for your medical treatments or compensate for any income that you have lost.

2. Hiring a lawyer means going to court

Many people avoid contacting an attorney about a potential personal injury lawsuit, assuming it will automatically lead to a lengthy court battle. This is one of the myths about personal injury lawsuits that is simply false.

Most personal injury lawsuits in Ohio are settled outside of court. The job of a personal injury attorney is to negotiate a fair settlement for you. Going to court is typically a last resort if an agreement is not reached during negotiations. Your attorney will be able to tell you the best course of action for your situation.

3. You can wait to see a doctor after an injury

Some individuals with personal injury claims choose to delay seeking medical attention. These individuals may believe that their injuries are not serious or that they do not want to go through the hassle of seeking medical attention.

The insurance company will use the lack of medical treatment as a reason to deny the insurance claim. They can argue that the injuries the individual is suffering from were not serious enough to require medical treatment, or that they result from an injury unrelated to the incident that led to the personal injury claim.

Seeing a doctor as soon as possible after an injury can help establish a medical record that supports a personal injury claim. Even if the individual feels the injuries are mild, they should seek medical attention for evaluation.

4. Personal injury lawyers are too expensive

The cost concerns of hiring a personal injury lawyer discourage many individuals from reaching out to an attorney altogether. Most personal injury attorneys, including Wendy Lee Law, work on a contingency fee basis. This means that you do not have to pay the attorney fees unless the attorney is successful in recovering compensation for the injured Ohioan.

5. Minor car damage means minor injuries

Insurance companies often show photos of minor vehicle damage to argue that the accident could not have caused significant injuries to the people involved. This is a misleading tactic used by insurance companies that has been disproven by medical research.

The human body does not absorb the impact of a car crash in the same way that the car’s frame does. Injuries like whiplash, back injuries, concussions, and soft tissue injuries can occur from accidents that involve minimal damage to the vehicle.

Do not let the insurance adjuster or the other driver of the car convince you that your injuries are not real simply because the damage to the vehicle is minimal. A doctor’s documentation of your injuries is all that matters.

6. You should downplay your pain to seem credible

Some who are injured will minimize the symptoms that they are experiencing out of the fear of appearing dishonest about their injuries. However, this can work against the individual who is experiencing these injuries. When speaking with a doctor or describing the injuries within a personal injury case, it is important to be accurate about the way in which the injuries impact an individual’s daily life.

Without an accurate report of your pain and injuries, the compensation you receive may not account for the pain and suffering you’ve endured, nor the medical bills arising from the personal injury. Therefore, it is in your best interest to be honest and thorough about the impact that the injury has on you and your family’s daily life.

7. If you were partially at fault, you cannot file a claim

Ohio follows a modified comparative negligence rule. Under this law, even if you are found to be partially at fault for the accident, you may still be entitled to compensation from the at-fault party as long as you are not more than 50% at fault. Your compensation will be reduced according to the percentage of your fault, but you will not be denied compensation altogether.

Do not assume that you are not eligible for compensation based on your partial fault status. Speaking with a personal injury lawyer can tell you more about your case and how much compensation you may be eligible to receive.

Why These Myths Matter for Ohio Residents

Personal injury claims in Ohio are subject to a statute of limitations. If you wait too long to file your claim based on misinformation, your right to compensation will be permanently eliminated. The statute of limitations in Ohio for personal injury claims is two years from the date of the injury. However, there are some exceptions to this statute.

If you want to protect your rights and foundation for your personal injury claim, act early, seek medical attention for your injuries, and speak with a qualified attorney today.

The Biggest Mistake Injured Individuals Make

One of the most common mistakes injured individuals make is waiting. They will wait to see the doctor, to contact an attorney about their potential claim, and to file a claim, all due to one of the myths of personal injury law described above.

By the time they contact an attorney, however, any evidence may be lost, medical records may have changed, and the time period during which they can take action has passed.

When to Talk to a Personal Injury Lawyer

You should consider speaking with a personal injury attorney if any of the following apply to your situation:

• You were injured in a car accident, a slip and fall, or another incident caused by someone else
• You have received a settlement offer from an insurance company
• Your injuries have affected your ability to work or carry out daily activities
• You are unsure whether you have a valid claim
• You are dealing with a workers’ compensation claim alongside a personal injury claim

An attorney can review the facts of your case, explain your options, and help you avoid the mistakes that personal injury lawsuit myths often cause.

Ready to Talk? Contact Wendy Lee Law

Myths around personal injury cases can cause victims to make decisions that work against them in the pursuit of compensation for their injuries. If you or a loved one suffered an injury in a car accident, on someone’s property, or due to another person’s negligence, you have rights and options.

Contact Wendy Lee Law to discuss your case and to schedule a free consultation. There is no obligation or cost to you until we recover compensation on your behalf.

FAQs About Personal Injury Lawsuit Myths

Do most personal injury cases go to court?
No. The majority of personal injury cases in Ohio are settled between the parties involved. Only when a fair settlement cannot be reached between the parties does either party go to court.

How much does a personal injury attorney cost?
Most personal injury attorneys, including Wendy Lee Law, work on a contingency fee basis. This means there are no upfront costs for clients, and the attorney does not take a fee unless the case results in a recovery for the plaintiff. The attorney’s fee is a percentage of the compensation that the plaintiff receives from the case.

Can I still file a personal injury claim if I was partially at fault?
In Ohio, you may be able to file a claim if you were found to be partially at fault for the accident, but only if you were not at fault for more than 50% of the accident. If you are found to be at fault for the accident, your compensation for injuries and damage will be reduced by the percentage of your fault in the accident.

What happens if I wait to see a doctor after an injury?
If you’re delaying medical treatment for your injuries, your insurance company may argue that your injuries were not serious or that they have nothing to do with the accident. By seeing a doctor at the time of the accident, you create a medical record for your personal injury claim.

How long do I have to file a personal injury claim in Ohio?
Ohio’s state statute of limitations for personal injury claims is two years from the date of the injury. If you wait too long to file your personal injury lawsuit, you may permanently bar yourself from being able to recover compensation for your injuries. Speaking with an attorney will ensure you do not miss any deadlines regarding your personal injury claim.

Interested in Learning More?

Wendy Lee is an attorney with years of experience representing clients in a range of legal matters. Whether you are dealing with workers’ compensation, personal injury, or Social Security claims, I am ready to assist you. I will provide you with the attention and support you need as you deal with your legal issues.