Personal injury claims can be an overwhelming process, especially if you are not familiar with the legal system. Unfortunately, there are several common myths about personal injury claims that can prevent victims from seeking the compensation they deserve. To help you better understand your rights as a victim, we have compiled a list of the five most common myths surrounding personal injury claims and debunked them. In this blog post, we will address each myth and provide you with the accurate information you need to navigate the claims process. Understanding these myths and your rights will help you make informed decisions in the event of an accident and allow you to receive the compensation you deserve.
Myth #1: “I Was Partially at Fault, So I Can’t File a Claim”
One of the most common myths surrounding personal injury claims is that if you were partially at fault for an accident, you could not file a claim. However, this is not necessarily true. Many states follow the doctrine of comparative negligence, which means that even if you were partially at fault for the accident, you could still recover damages from other parties who were also responsible.
Under comparative negligence laws, the amount of compensation a victim receives is proportional to their level of fault in causing the accident. For example, if you were found to be 20% at fault for the accident, you may be able to recover 80% of the damages you incurred. In Wisconsin, we use the 51% rule of modified comparative negligence, which means the court may award damages to an injured party who is determined to be 50% or less at fault. An attorney can help you understand how your level of fault may affect your compensation and develop a strategy to minimize the impact of partial fault on your claim.
In some cases, insurance companies or other parties may try to shift more blame onto you to avoid paying damages. It’s crucial to seek legal representation to protect your rights and ensure that you receive fair compensation for your injuries. Remember, being partially at fault doesn’t necessarily mean you can’t recover damages – understanding the laws and working with an experienced lawyer can help you pursue your claim successfully.
Myth #2: “I Have Plenty of Time to File a Claim”
Another common myth about personal injury claims is that there’s no rush in filing a claim. However, this is not true – waiting too long to file a claim can result in significant consequences, including the loss of your right to seek compensation altogether.
A statute of limitations is a law that limits the time you have to file a lawsuit after an injury occurs or is discovered. In Wisconsin, the standard time limit for personal injury lawsuits is three years. There are some exceptions to this rule, including if the injured party was under 18 at the time of injury, among others.
Acting quickly once you’ve been injured is essential. The longer a victim waits to file a claim, the harder it is to gather evidence and find relevant witnesses. Additionally, witnesses may forget crucial details, and evidence may deteriorate or disappear over time. Filing a claim as soon as possible can improve your chances of obtaining relevant and compelling evidence, which ultimately can lead to a more positive outcome for your case.
If you miss the statute of limitations, you may not be able to file a claim at all, regardless of the merit of your case. It’s crucial to speak with a personal injury attorney as soon as possible so they can advise you on the best course of action. Don’t wait until the last minute to pursue your claim – acting quickly can help protect your rights and ensure that you receive fair compensation for your injuries.
Myth #3: “I Don’t Need a Lawyer – I Can Handle This on My Own”
Another common myth about personal injury claims is that hiring a lawyer is unnecessary and victims can handle the process on their own. However, personal injury claims can be complex and challenging to navigate, especially if you are not familiar with the legal system. Here are a few reasons why hiring a personal injury lawyer can make all the difference:
- Knowledge and Expertise: Personal injury lawyers have extensive knowledge and expertise in this field of law. They understand the nuances of the legal system and can provide valuable insights into your case. They can help you understand your rights as a victim and the steps you need to take to obtain compensation for your injuries.
- Filing a Claim: Filing a claim can be a complicated process involving paperwork, deadlines, and evidence collection. An experienced personal injury lawyer can help you navigate this process effectively and efficiently, ensuring that all necessary documentation is filed correctly and on time.
- Liability and Damages: Determining who was at fault for an accident and the extent of your damages can be complicated. An experienced personal injury lawyer can investigate your case, gather evidence, and work with experts to determine liability and accurately calculate your damages.
- Negotiations: Personal injury claims often involve negotiations with insurance companies and other parties. A personal injury lawyer can negotiate on your behalf to ensure that you receive fair compensation for your injuries and losses.
- Trial Experience: In some cases, personal injury claims may go to trial. A personal injury lawyer has experience in the courtroom and can represent you effectively, arguing your case and defending your rights
Myth #4: “Personal Injury Claims Are All About Getting a Big Settlement”
While financial compensation is a crucial part of personal injury claims, it is not the only aspect that matters. These claims can go beyond mere financial settlement and serve other important purposes to help the victim in their recovery and promote safety in the future.
One of the significant roles of a personal injury claim is holding the person or organization responsible for their actions. When someone suffers an injury due to another person’s negligence, the at-fault party should be held accountable for their actions. A personal injury claim can provide a sense of closure for the victim by making sure that the responsible party is held accountable for their actions. Moreover, personal injury claims can make a considerable impact on society by forcing companies and individuals to take precautions to prevent similar accidents from happening. Such measures may include improving safety protocols, proper training programs, or better equipment. The threat of a lawsuit can deter people from engaging in risky behavior and promote a culture of safety in various industries. Thus, it is essential to understand that personal injury claims go beyond just getting a financial settlement.
Myth #5: “I Can’t Afford a Personal Injury Lawyer”
At Sparr, Belville & Brown, we offer free case evaluations. Furthermore, we work on a contingency fee basis. Our clients do not have to worry about upfront fees or expenses because we charge no attorney fees unless we take and win your case. This means that there is no financial risk involved in seeking legal representation from us. We are committed to providing our clients with the best possible representation, and we are confident in our ability to win their case.
In conclusion, personal injury claims are often shrouded in myths that prevent victims from seeking the justice they deserve. However, by debunking these myths and understanding your rights, you can make informed decisions and navigate the claims process effectively. Remember that being partially at fault does not necessarily prevent you from filing a claim, and time is of the essence when it comes to filing a claim. It is also crucial to seek legal representation since personal injury claims can be complex, and an experienced personal injury attorney can help you navigate the legal system and fight for fair compensation. A successful personal injury claim can go beyond just financial compensation and hold those responsible accountable while promoting safety measures to prevent similar accidents from happening in the future.