Common Myths about Personal Injury Claims

If you decide to file a personal injury claim after an accident, there is a strong possibility that you have mentioned filing a claim to friends and family members. In doing so, you might have been met with various myths about the legal process. People hold certain misconceptions about personal injury claims.

When you hear these myths, you may become hesitant to file a personal injury claim and to seek the compensation you need and deserve to cover your losses and move forward with your life. Below, we will debunk seven myths related to personal injury claims.

Myth #1 – You have plenty of time to file a personal injury claim

Many people will tell you that you have plenty of time to file a personal injury claim. This statement is usually given to individuals who are unsure about whether they want to take legal action against the at-fault party. However, this is untrue as each state has its own statute of limitations, which sets specific time limits on how long accident victims have to file a claim.

In Vancouver, WA, you generally have three years to file a claim for a personal injury accident. If you are approaching the three-year mark since your accident, it is critical for you to make a prompt decision on whether you want to take legal action or not. If you let this window of opportunity close, you will never be able to hold the at-fault party accountable or seek compensation to help you cover your accident-related expenses.

Myth # 2 – You should seriously consider the insurance company’s offer because you may not get a better one

This myth could not be further from the truth. You may have been told by family and friends that the insurance company’s first offer is the best and you should seriously consider it. However, the first offer is often far lower than what you could recover. Insurers know that you are in desperate need of money to begin covering your medical expenses, lost wages, property damage, and any other losses from your accident.

The insurance adjuster may even tell you that it is their best and final offer. However, if you hire a Vancouver, WA, personal injury attorney, your representative can evaluate the offer, determine whether it is accurate and fair based on your losses, and make a counteroffer, starting the negotiation process.

Myth # 3 – Accident victims with minor or less severe injuries should not waste their time or money on hiring a lawyer

A lot of people believe that if they do not have severe, life-threatening, or catastrophic injuries, they should not waste their time or money on hiring a lawyer. However, the truth is that accident victims tend to have more serious injuries than they think. This is because many injuries are not automatically visible after a crash. They may only see a few scratches, cuts, and bruises, but they may actually have whiplash, a concussion, or even a spinal cord injury.

Even if your injuries are only minor or less severe, they can lead to lifelong, permanent, and debilitating effects. For example, a broken bone may never heal correctly, resulting in chronic pain, discomfort, loss of mobility, and more. In these cases, you will greatly benefit from having an experienced, skilled, and knowledgeable lawyer by your side who knows and understands the extent of your injuries.

Myth #4 – Mental and emotional damages are not tangible losses, which means you cannot include them in your personal injury claim

Although you must have some type of physical injury to file a personal injury claim, you can include mental and emotional damages in your claim. It does not matter that these are intangible losses; they are still important and can affect the amount of compensation you receive. If you have intangible losses from your accident, you should never hesitate to include them. A few examples of intangible losses you may want to consider including are:

• Depression
• Anxiety
• Post-traumatic stress disorder (PTSD)
• Loss of quality of life
• Mental trauma and anguish
• Emotional distress
• Loss of enjoyment of activities
• Embarrassment or humiliation

Intangible losses are difficult to place a dollar value on, but your attorney will work with various professionals to determine how much each is worth.

Myth #5 – The insurance company cares about your injuries and feelings following an accident

Insurance agents often put on a fake persona to convince people that they care about their injuries and feelings following an accident. However, you must remember that insurance companies are businesses, and each of their employees is trained on how to be kind, sympathetic, and caring to those they speak with. This can be confusing to someone who has recently been hurt, but the insurance company’s goal is to gain your trust and use it against you. They may do this by asking you tricky questions, recording any statements you make, or even twisting and turning your words to make them mean something else.

Myth #6 – Personal injury claims always end up in court

Personal injury claims do not always end up in court. Many of our clients are surprised to learn that most personal injury claims are actually settled before they ever make it to court. If you are worried or intimidated about going to court hearings, there is a strong chance that your case may never make it to this stage of the process. If your case is very challenging and the insurance company refuses to cooperate, your case may end up going to trial. However, even if it does, your Vancouver, WA, personal injury attorney will most likely do all of the talking, arguing, and defending your rights. If you need to speak about anything, your attorney will make sure you are ready and prepared well beforehand.

Myth #7 – It is easy to prove negligence in a personal injury claim

If you speak with someone who has previously filed a personal injury claim, they may tell you that it was easy to prove negligence in these types of cases. While it may have seemed like an overall easy and simple process to them, it is important to remember that every personal injury claim is different. This means that some aspects of the personal injury legal process could be easier for you, and some aspects could be harder for you based on your unique facts and circumstances. Proving negligence in a personal injury claim usually involves collecting strong and supportive information and evidence that successfully proves the following:

• Duty of care: The at-fault party owed you a duty of care, which was to keep you safe and harm-free.
• Breach of duty: They breached their duty by acting recklessly, carelessly, or negligently.
• Causation: The breach of duty is directly connected to your accident. This means that if the at-fault party did not breach their duty, your accident would not have happened.
• Damages: You experienced injuries, expensive medical costs, lost income, pain and suffering, and other damages due to the accident.

If you have recently been involved in a car accident, motorcycle accident, bicycle accident, pedestrian accident, slip and fall accident, or any other type of personal injury accident caused by another’s negligence, the personal injury attorneys at Philbrook Law Office are here to help. Our team has spent over two decades assisting and representing accident victims, and we will gladly do the same for you. Please call our office or submit our contact form to schedule a free consultation in Vancouver, WA, today. We also have locations in Battleground, WA and Portland, OR.