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Myths About Personal Injury Cases: Debunked

Updated: Mar 6, 2023

Each year, about 200,000 car crashes occur in the state of Florida a year. These accidents can cause minor or sometimes even long-term injuries. If you were in a car accident because of someone else’s negligence or fault, you may be entitled to compensation through filing a personal injury claim. A personal injury lawyer can help guide you through the process and help you receive compensation for any injuries you sustain, medical bills, lost wages and more.

9 Myths About Personal Injury Cases…

When it comes to personal injury cases, the attorneys at Demesmin and Dover law firm are experts. We care about our clients, fight for them to gain the compensation they deserve, and try to provide them with all the information they need. Therefore, we went through some personal injury case myths and misconceptions.

Myth 1: Personal Injury Claims take Forever to Resolve

The time a personal injury case takes resolve varies on a case to case basis. Some cases are more complicated, while others are more straightforward to handle. Your personal injury attorney will do everything that is possible to process the claim as soon as possible.

It is also important to note that most personal injury claims don’t even make it to a courtroom; they are mostly solved in settlements outside of a courtroom. The U.S. Department of Justice’s Bureau of Justice Statistics, says that the percentage of personal injury cases that go to trial in the U.S. is about 4% to 5%, meaning that 95% to 96% of cases are settled pre-trial.

Myth 2: Minor Injuries Don’t Need Personal Injury Cases Filed

You don’t need to have a severe traumatic injury to file a personal injury claim. It’s also important to note that what might seem like nothing on the day of the accident may be more severe given a few days. These minor injuries may require x-ray, hospital visits, and more, which can get expensive. Therefore, if you were not at fault, you should not be responsible for paying for another person’s negligence and should file a personal injury claim even with “minor injuries”.

Myth 3: Filing a Personal Injury Claim puts the financial burden on the at Fault Party

If you are worried about filing a personal injury claim because you think the at-fault party will have to pay out of pocket, this is not the case. Most times, it is the at-fault party’s insurance company that will pay the settlements or award.

Myth 4: Having insurance means I don’t need a Personal Injury Lawyer.

Even if you have insurance, having a personal injury attorney can help guide you through the process and help you reach the proper settlement.

Myth 5: Personal Injury Claims can be filled whenever

Most states have a statute of limitation, Florida specifically has a 4 year timeframe to file a lawsuit. This is also dependent on what type of accident you have been involved in. It is important that you note the statute of limitation in whatever state you are filing your case in.

Myth 6: Holding out will result in a Larger Settlement

Finding a good personal injury attorney is the key element here. They will negotiate the best settlement for you and it is a more effective tactic than holding out for a better result. It is also important to note that once a settlement is reached that is it no further compensation can be rewarded.

Myth 7: Compensation is guaranteed

Although many cases result in some sort of settlement, no one is guaranteed compensation. Personal injury cases are not ‘easy money’, judges and rulings are different on a case-to-case basis. So just because you file a personal injury case, doesn’t mean you are guaranteed compensation.

Myth 8: The Courts are Clogged with Personal Injury Cases

As we mentioned in our first point, most cases actually never make it to trial and are usually settled outside of a courtroom. Therefore, the court is not clogged with personal injury cases.

Myth 9: You can’t sue your Own Insurance

If your insurance company tries to deny you the compensation you are entitled to, then you absolutely can do so. You may take legal actions against your insurer.

Talk to a trusted personal injury attorney to help you with your case

The team of accident attorneys at Demesmin and Dover, led by Victor Demesmin Jr. and Jeremy Dover, is dedicated to helping clients in Florida pursue the justice they deserve through a personal injury claim. Our experienced and hard-working attorneys are committed to using their experience to provide their clients with the best possible legal representation. Our highly qualified personal injury lawyers work on a contingency fee basis, meaning you are not obligated to pay us until your case is settled.

Demesmin and Dover is committed to being responsive to their clients, answering any question or concerns you may have.

To learn more about how our successful and responsive trial team can help you, give us a call at (866) 954-MORE (6673) or fill out our contact form today.


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