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There are a lot of common misconceptions that people have about personal injury claims and the legal process in general.

From not believing a personal injury claim is justified, thinking the claim value is too low to be worthwhile, or thinking it might just be “too much work,” many people wrongly believe certain myths about personal injury claims.

So, what are some of these myths? 

Common myths about personal injury claims

Myth: “It's Expensive to Hire a Personal Injury Lawyer”

Fact: Hiring a personal injury lawyer is affordable. Most work on a contingency fee basis, so you pay nothing up-front and only pay if they win your case.

Many people think that hiring a personal injury lawyer is costly and time-consuming. In reality, hiring a personal injury lawyer is relatively inexpensive! Most personal injury lawyers work on a contingency fee basis. This means that, rather than having to pay an expensive retainer up-front, personal injury lawyers will instead take a percentage of the settlement recovered, meaning the attorney’s fee is contingent upon them winning the case. There are no up-front, out-of-pocket costs or hourly charges. If we don’t win your case, you don’t owe us a penny! This fee arrangement allows people who would otherwise be unable to afford a lawyer to still receive excellent representation from an MKP lawyer.

Myth: “I Have to Go to Court to Win Anything”

Fact: Most personal injury cases settle out of court. Only about 5% go to trial.

It is not true that you need to go to trial to win a personal injury case. Only about 5% of personal injury cases actually go to trial, so the vast majority of cases are settled out of court. In fact, the majority of cases are settled pre-litigation with the insurance company, meaning no lawsuit is ever filed and the victim does not have to go to court.  All of this to say that cases are much less stressful than many believe, with most of the work being done by the lawyers and their staff. The most common way personal injury cases are resolved is through negotiations between the injured party (plaintiff) and the insurance company for the at-fault party (defendant). Once both parties agree on a fair compensation amount, a settlement agreement is signed, and the case is resolved without going to court. Settlements can be reached relatively quickly, depending on the complexity of the case and the willingness of both parties to negotiate.

Myth: “Personal Injury Insurance Claims Take Years to Settle”

Fact: Most cases are resolved within a year, and many in 3-9 months. 

While some, more complicated, personal injury claims can take time to settle, many personal injury claims only take about three to nine months to be resolved. Simply put, each case is different. Factors that affect the duration of the claim include the severity of injuries, potential insurance issues or disputes, and the complexity of the case (i.e., multiple parties, insurance coverage denials, etc.).  If a lawsuit needs to be filed, that will prolong the duration of the claim since there are statutory waiting periods that slow things down.  Nevertheless, most cases are often resolved within a year. Once sufficient evidence has been collected, and the attorneys at MKP have prepared the necessary legal documents, we will do everything possible to expedite the claim and put money in your pocket.

Myth: “I Can File a Personal Injury Claim Whenever I'd like”

Fact: Personal injury claims must be filed quickly. There’s a legal deadline, the statute of limitations, if you miss it you could lose your right to seek compensation. 

Personal injury claims require a certain amount of time and investigation to complete before filing. This means that it is best to file personal injury claims as soon as possible after the event has taken place. 

The first thing someone should do is to seek medical attention, and this must occur as soon as possible after an incident. After seeking medical attention, the next step is to contact an attorney at MKP to schedule a 100% free consultation. The staff at MKP will collect the insurance information and open a claim on your behalf, if one has not already been filed.  Finally, investigating and evidence gathering can take several more weeks. This means that it is best to act fast, and address the matter as soon as possible. 

It's also important to be aware of the statute of limitations for personal injury claims in your jurisdiction. A statute of limitations is the legal deadline for filing a lawsuit and it varies by state and by type of injury. 

Location	Statute of limitations for personal injury claims
California	2 years
Other states	1-3 years

 

For example, in most states, the statute of limitations for personal injury claims ranges from 1 to 3 years from the date of the injury; in California most personal injury claims have a 2 year statute of limitations. 

Failing to file within this period can result in losing the right to pursue compensation. By seeking immediate medical attention, promptly consulting with an experienced personal injury attorney, and cooperating fully during the investigation, you can expedite the filing of your claim and maximize your eventual compensation.

Myth: “Personal Injury Claims are Frivolous or Unnecessary”

Fact: Personal injury claims exist to protect you. They give victims the chance to ensure those responsible for an injury or wrong are held liable.

Personal injury claims are not frivolous or unnecessary. In reality, personal injury claims are designed to help you, the client, find compensation for cases in which you have been wronged. In fact, many significant consumer protections we now take for granted, like warning labels, were a result of personal injury lawsuits. Personal injury claims are how the public holds negligent parties and corporations responsible when they fail to act reasonably or safely. Personal injury claims can also deter future wrongdoers from acting negligently. When filing personal injury claims, it is important to be aware of the fact that the case is not your fault, and you deserve just compensation for the events that have led to your injuries and damages.