Personal Injury Settlements: Myths vs. Reality
If you’ve been injured due to someone else’s negligence, the aftermath can be overwhelming. Injuries from these circumstances often leave victims with severe emotional distress, debilitating physical pain, and heavy financial burdens.
Navigating the legal system might seem daunting, but understanding some common misconceptions about personal injury settlements can empower you to pursue the compensation you deserve.
Myth 1: Everyone Gets a Big Payday
TV shows and movies tend to portray personal injury settlements as a quick and easy way to get rich. The reality is a lot different. The amount you might get for your case will depend greatly on how severely you were injured, the liable party’s degree of fault, and other hard-to-quantify factors like hospital bills, lost wages, the skill and experience of your lawyer, and pain and suffering.
The cases with the highest values tend to involve catastrophic injuries or wrongful death. However, each case is unique, and its worth will be based on the specific facts and circumstances involved.
Myth 2: You Don’t Need a Lawyer
Insurance companies are for-profit businesses, and their main goal is to pay out as little as possible. Their adjusters are extensively trained and experienced in negotiation methods designed to limit the amount they have to give to claimants. They may even try to talk you into a corner so they can deny your claim altogether.
An attorney will understand the complexities of personal injury law and advocate for your rights and interests. They’ll gather evidence, communicate directly with the insurance company, and represent you in court if necessary.
Myth 3: The Insurance Company Will Offer You a Fair Settlement
When insurance companies do make offers, they’re notorious for lowballing claimants, even when the injured party has an attorney acting as their advocate. If the company can’t find a way to deny your claim, they’ll likely make an initial offer that doesn’t reflect the true value of your case.
Don’t feel pressured to take the first payment an insurer is willing to give you and be wary of tactics like time pressure or downplaying the severity of your injuries. You’re not obligated to accept their first offer, even though the company’s adjusters will do everything in their power to talk you into it.
Myth 4: All Cases Go To Trial
The overwhelming majority of personal injury cases are settled outside of court. By most estimates, only 3%–5% make it to the trial stage. Litigation is a lengthy and expensive process when you add up all of the lawyer fees and court costs, and most people simply can’t or don’t want to go that far.
That said, having a lawyer who’s prepared to take your case to trial strengthens your negotiation position. Insurance companies don’t like to go up against skilled attorneys because doing so means facing a much higher payout should the lawyer present a compelling enough case to the jury.
Myth 5: Only Physical Injuries Matter
Personal injuries don’t just involve physical harm. They also involve emotional and psychological distress. Anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions are all valid grounds for compensation.
The American Psychological Association (APA) describes psychological distress as a negative emotional experience that often accompanies a mental disorder but may also be a normal human response to a traumatic event. Your lawyer can work with medical professionals to document your emotional suffering and make sure it’s reflected in your settlement.
Myth 6: There’s No Deadline To File a Claim
Each state has its own statute of limitations, or legal deadline, by which injury victims must file a personal injury lawsuit. If you miss this deadline, it could affect your ability to recover damages for the losses you’ve experienced.
Deadlines can also vary based on the nature of the case, so it’s best to talk to a lawyer as soon as possible after the accident.
Myth 7: Pre-Existing Conditions Disqualify You From Receiving Compensation
You can’t be disqualified from receiving compensation just because you have a pre-existing medical condition. The key is to establish that the accident has aggravated or worsened the condition.
For example, if you have a history of back pain that’s documented through prior medical records and you get in a car accident that makes it more severe, chances are good that you’ll still have a valid claim. A Redondo Beach personal injury lawyer can help you gather the necessary evidence and present it in a manner that clearly demonstrates the connection.
Myth 8: Small Claims Court Is Always the Best Choice
Small claims court is usually the cheaper and faster option for minor injuries with minimal damage (usually below a set dollar amount outlined by each state), but it does come with limitations. These courts have simpler procedures, and claimants often represent themselves without an attorney present, though you can still hire one if you wish.
However, some cases warrant a trip to criminal court. This adds a layer of complexity to an already complicated matter, so it’s important to take into account all of the factors involved to determine which venue is best for your specific circumstances.
Don’t Let These Myths Devalue Your Claim
Personal injury settlements offer a way to recover your financial losses and rebuild your life after an accident, and understanding the realities of the process enables you to make informed decisions about your claim. There are many misconceptions out there, so it’s important to educate yourself to get a better idea of what to expect as you seek fair compensation.
Contact the California Personal Injury Lawyers at The Simon Law Group Today
For more information, please contact one of our skilled Santa Ana personal injury attorneys at The Simon Law Group to schedule a free initial consultation today. We conveniently locations in California, including Torrance, Hermosa Beach, and Santa Ana, CA. We also have offices in Phoenix, AZ, and Austin, TX.
We proudly serve Los Angeles County and Orange County, CA, and its surrounding areas:
The Simon Law Group – Torrance, CA Office
2916 W 164th St Second Floor,
Torrance, CA 90504
(424) 622-0812
The Simon Law Group – Hermosa Beach, CA Office
34 Hermosa Ave,
Hermosa Beach, CA 90254
(424) 722-3209
The Simon Law Group – Santa Ana, CA Office
1327 N Broadway,
Santa Ana, CA 92706
(714) 581-8546
