After a motor vehicle accident, dog bite, construction accident, or another catastrophic injury caused by someone else’s negligent actions, you can file a personal injury claim. This is how you can recover your financial losses and damages from these injuries.
Unfortunately, many injury victims don’t take action when they should. According to attorneys Caputo and Van Der Walde, this is due to myths and misconceptions surrounding filing these types of claims. It’s important that you have all the facts first to make the best decision.
These are the most common myths and misconceptions that people mistakenly believe about personal injury claims.
You Can’t File a Claim for Minor Injuries
Contrary to popular belief, you can file a claim for minor injuries. More importantly, you should file one if you have had a medical examination that determines you have an injury. Even if that injury will heal, you still have the legal right to pursue your claim. You should not be stuck with extra medical bills when someone has caused you to sustain these injuries.
You Can File Your Injury Claim Any Time
In California personal injury cases, you must file your lawsuit within the statute of limitations. This permits you to file within two years of the date of your injury. If your injury was discovered at a later date, then you may have one year from the date of its discovery.
This is a short amount of time that can pass by before you realize it. You will need to present evidence to prove that the other party was at fault for the injuries you sustained. You must show they had a duty of care, that they breached it, and that this breach in duty caused your injuries and your damages.
The sooner you act, the less likely you will be to run into problems. Waiting too long may mean the evidence you need is no longer available. It may also mean that the defendant can claim that your injuries occurred after this particular incident.
You Have to Go to Court
The most likely situation that will arise from your personal injury claim is that it will be settled before going to trial. When you work with an attorney, they will always plan in the event that you must go to court. Until that point, they will work to negotiate a fair amount in compensation on your behalf. When a case is particularly complex, it has a much greater chance of going to court, however, it could still settle at any time.
Hiring a Personal Injury Attorney Costs Way Too Much
Some injury victims make the mistake of representing themselves because they believe it’s too expensive to hire an attorney. The truth is that anyone can afford a personal injury attorney because these legal representatives tend to use a contingency fee basis for payment.
Under this payment model, you would not have to pay the attorney anything if your case didn’t result in a settlement or a winning verdict. It is always best to find out how a personal injury lawyer can help you through the free initial consultations they provide.
