Personal injury lawsuits can be a crucial tool for individuals injured due to negligence or wrongdoing by others. However, there are many myths surrounding personal injury claims that can confuse, deter potential claimants, or lead people to make decisions based on misinformation. To help clear up some of these misconceptions, we’ve listed common myths — and explained why they’re not true.

Myth 1: Personal Injury Lawsuits Are Too Expensive

A common misconception is that hiring a lawyer for a personal injury case will require a large upfront fee.

In reality: Most personal injury lawyers operate on a contingency fee basis, meaning the lawyer only gets paid if you win the case or receive a settlement.

The lawyer’s fee is typically a percentage of the settlement or judgment, often ranging from 25% to 40%, depending on the case’s complexity and whether it goes to trial. This arrangement allows those who might not have the resources to pay hourly legal fees to still access legal representation. Additionally, many personal injury lawyers offer free consultations so potential clients can have their cases evaluated without incurring any initial cost.

Myth 2: Personal Injury Lawsuits Take Forever to Settle

A typical argument is that personal injury lawsuits take years to resolve.

In reality: While some complex cases may take a long time, many personal injury lawsuits are settled in a matter of months. The duration of a case depends on various factors, such as the complexity of the injuries, the willingness of the parties to negotiate, and whether the case goes to trial.

Most personal injury claims are settled out of court. A lawyer can help expedite the process by negotiating with the other party or their insurer to quickly reach a fair settlement. A trial may be necessary if a settlement cannot be reached, but this is the exception rather than the rule.

Myth 3: If You’re Partially At Fault, You Can’t Win Your Case

It’s typically believed that if someone is partially at fault for an accident, they can’t recover any damages.

In reality: This is not true. Comparative negligence is a legal doctrine that allows individuals to recover compensation even if they are partially responsible for the accident.

In states following this rule, the amount of compensation you receive will be reduced based on your percentage of fault. For example, if you are found to be 30% responsible for the accident, you can still recover 70% of the total damages. This system ensures injured parties are compensated fairly for their injuries, even if they share some of the blame.

Myth 4: You Can Only Sue for Medical Bills

Many individuals think the only compensation they can receive in a personal injury lawsuit is for medical expenses.

In reality: While medical bills are an important part of a personal injury claim, they are far from the only consideration. In addition to medical expenses, you can also pursue compensation for lost wages (if your injuries caused you to miss work), pain and suffering, emotional distress, and loss of enjoyment of life.

Each negative consequence is considered when determining the total damages you’re entitled to. For example, if your injury has caused you chronic pain or affected your ability to engage in hobbies you once enjoyed, this can be factored into the settlement. A skilled lawyer will work to ensure all aspects of your suffering are considered in your claim.

Myth 5: Personal Injury Lawyers Are Only Interested in High-Value Cases

Some assume personal injury lawyers are only interested in large, high-profile cases because they bring in bigger settlements or more publicity.

In reality: Personal injury lawyers often handle a wide range of cases, including those with smaller potential settlements. Lawyers who specialize in personal injury law are dedicated to helping people who have been injured, regardless of the value of the case.

Many lawyers are eager to help clients who have been hurt in minor accidents, as these cases are often straightforward and allow lawyers to provide valuable service to people in need. Furthermore, personal injury lawyers typically offer free consultations, so it’s worth reaching out to discuss your case, no matter the size.

Myth 6: If You’re Offered a Settlement, You Should Accept It

It’s easy to think that if an insurance company or other party offers a settlement, it must be the best offer.

In reality:  Many insurance companies offer settlements quickly to avoid paying higher amounts later. However, these offers are often far lower than what the claimant may be entitled to. Insurers know many people accept these initial offers out of fear or misunderstanding.

Personal injury lawyers are trained to evaluate whether a settlement offer is fair. They will calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs, to ensure you receive the compensation you deserve. A lawyer can help you decide whether to accept the offer or negotiate for a better deal.

Myth 7: Personal Injury Lawsuits Are Just About Money

People assume that because personal injury lawsuits often result in financial compensation, they are only about the money.

In reality: These lawsuits also serve to hold negligent parties accountable for their actions. For example, if someone’s reckless driving causes a car accident, filing a lawsuit can make the driver or their insurance company accountable for the harm caused.

In many cases, a personal injury lawsuit can also help raise awareness about dangerous practices or conditions that may need to be addressed to prevent future injuries. By pursuing a lawsuit, injured parties can often prevent others from experiencing similar accidents, making it an important step toward safety for everyone.

Myth 8: If You Don’t Feel Hurt Immediately, You Can’t File a Claim Later

It’s a common belief that if you don’t feel pain right after an accident, you can’t pursue a personal injury claim later on.

In reality: Many injuries, particularly those involving soft tissue, don’t show symptoms immediately. It’s important to seek medical attention immediately after any accident, even if you don’t feel hurt.

Injuries such as whiplash, concussions, and other soft tissue injuries can take hours or days to manifest symptoms. If you delay seeking medical attention or filing a claim, it could complicate your case or reduce the amount of compensation you’re entitled to. A lawyer can help protect your rights and guide you through the process, even if you develop symptoms after some time.

Myth 9: You Can’t Sue If You Signed a Waiver or Release

Some people believe that if they sign a waiver or release before engaging in an activity, such as at a gym or during recreational activities, they forfeit their right to sue if they’re injured.

In reality: While waivers do limit some types of lawsuits, they don’t always protect the responsible party in cases of gross negligence, intentional harm, or illegal activity.

For example, if a gym fails to maintain equipment safely or a company ignores safety protocols that lead to an accident, a waiver may not be enough to prevent a personal injury lawsuit. It’s important to consult with a lawyer to understand the legal implications of any waiver you may have signed.

Myth 10: Personal Injury Lawyers Always Take Cases to Trial

Many people assume personal injury lawyers are always eager to take cases to trial.

In reality: Only a small percentage of personal injury cases go to trial. Most cases are settled out of court — either through negotiations or alternative dispute resolution processes such as mediation.

Personal injury lawyers work hard to negotiate a fair settlement for their clients to avoid the time, stress, and expense of a trial. However, if a settlement cannot be reached, they are fully prepared to take the case to trial to ensure their clients get the compensation they deserve.

Don’t Hesitate, Call a Lawyer

Many myths surrounding personal injury lawsuits can cause confusion or discourage people from pursuing claims. Understanding the truth behind these misconceptions allows you to make more informed decisions about your rights and legal options. If you’ve been injured, it’s important to consult a personal injury lawyer who can guide you through the process and help you obtain the compensation you deserve.