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Common Misconceptions About Filing a Personal Injury Lawsuit

Updated: Mar 4

When it comes to personal injury claims, there are so many misconceptions about how it works and why people file claims. Beyond that there are stereotypical terms like ambulance chaser which makes people think negatively towards the role of attorneys within the field. Let us be the first to tell you those ideas are completely untrue and here is why.

personal injury lawsuit

Diving into misconceptions about personal injury field

In order to fully take this deep dive into the exact misconceptions people have, it is important to first examine the role of a personal injury lawyer and what exactly constitutes a claim. This helps to begin to clear up some of those thoughts but we will get there slowly but surely as well.


What is a personal injury claim?

While many think a personal injury claim only derives from a car accident, that is not the case. A personal injury claim can be made for a plethora of reasons, whether it be a slip and fall, an injury at work, or the mistreatment of an elderly individual in a nursing home. Anything that constitutes an injury to your person by a vehicle, an entity, or a workplace gives you the grounds to file a case.


How do you file a personal injury claim?

The process of filing a personal injury claim can be tedious and quite frankly difficult to do on your own. The type of case also depends on where and how it will be filed. Sometimes different entities need to be called in to take their own report of the occurrence such as a car accident needing a police report or a slip and fall warranting an incident report with the place of business. Every situation is different and complex, which is why it is recommended to enlist the aid of personal injury attorneys.


What does a personal injury lawyer do?

A personal injury lawyer's job is essentially to ensure you get the compensation you need to cover your medical expenses as well as lost wages or any other pain and suffering you may have endured as a result of the accident. The goal is always to get the client the best settlement offer so that they can cover for those instances.


Additionally in most cases, personal injury lawyers work on what is referred to as contingency fee basis. This means that unless your case gets settled the attorney doesn't get paid. The contingency fee is agreed upon in your initial contract stating that whatever settlement amount you receive they will get x percent of that money.

Now that we all have an understanding of the basics let's jump into these misconceptions about personal injury claims further.


I heard if I file a personal injury lawsuit the at-fault party has to pay for it out of pocket because I am suing them.

While in some cases, this may be true, it is not the case with personal injury. Let's say it is a slip-and-fall situation, while you may have fallen at a restaurant that you love, it may not be the restaurant's fault but rather the building it is contained in. Most importantly in these cases, the at-fault parties are generally, but not always, covered by an insurance company.


This means when you sue the individual you are suing the person or entity's insurance company who at the end of the day is responsible for paying for those damages. As stated previously at the end of the day the goal is to ensure your bills are paid for because injuries like these can be costly.


The only reason a person files a claim is to gain money, they aren't even that injured.

A statement like this is a generalization and extremely damaging to what the industry's ultimate goal is. While on the outside it may seem like someone is ok, you never truly have a way to know what is going on with someone. Numerous factors contribute to this such as adrenaline pumping through the body at the time of the accident, a person's sheer embarrassment about what occurred, or even just thinking the injuries are minor thus will go away on their own.


All of the instances listed lead to more time being taken to feel or even fully assess the damages. At the same time, it is difficult sometimes to make these calls based on the initial day or moment of the incident it is always recommended to see a doctor and call a personal injury attorney if the pain or injury is consistent and serious.


My insurance company will handle it they always offer fair settlements.

While many hope that this is the case, its actually false. Most insurance companies will grossly underestimate how much your case is worth and will try to offer you a quick settlement so you don't have time to even think on the matter.


They act in this manner because it is of best interest to them to save as much as possible on their payouts. That's why having a lawyer can only aid in personal injury cases. They can accurately asses your claim and fight to get you the compensation you deserve. The last thing they want is for you to be flooded with medical you have to pay for someone else's negligence.


Personal injury lawsuits are only for car accidents

While auto accidents tend to be the highest volume of personal injury cases, there are also other injuries in which people can also seek legal action. This includes accidents such as slip and falls, nursing home abuse, work-related injuries, dog bites, etc.

I can file a personal injury case anytime


The statement is 100% false. In every state, there is what is called a statute of limitations which governs the period you have to seek damages after an accident. While those time frames vary the earlier in which you can speak to an attorney the better.


I'm pretty much guaranteed compensation to cover my losses.

While this statement is somewhat true it is not 100% the case. In the state of Florida, we are what is referred to as a no-fault state. Meaning that even if someone is at fault it does not necessarily mean they have bodily injury insurance.


What is guaranteed is PIP coverage, which accounts for the first 10,000 of damages. Anything past that would be covered under a personal injury lawsuit against the at-fault parties' insurance, but if they don't have BI coverage there is no compensation to cover those additional expenses. That is why it is always recommended to have Uninsured motorist coverage to ensure you are protected in all situations.


In the event of a personal injury lawsuit, who should you call?

As you can see while there are so many opinions and ideas as to what a personal injury lawyer does, you should always call one in the event of an accident. Unlike the perception that is portrayed, a personal injury attorney's ultimate goal is to ensure that you can get back to the life you had before the accident.


We here at Demesmin and Dover fully understand that and are extremely involved in the community because that is the whole reason behind why we do what we do. Our team of experienced personal injury attorney ensures that our clients are informed every step of the way. With our legal representation, you can be assured that personal injury cases will be handled diligently and receive the care they need to gain you the compensation you need.


So call our office today at 866-954-MORE(6673) so that you can get a free consultation and truly understand what a personal injury attorney does.


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