Common Personal Injury Law Myths in Utah
Almost everyone knows someone who has been involved in a car accident or has otherwise been injured due to someone else’s negligence. Some accident victims, however, are hesitant to file a personal injury lawsuit against the responsible party. Others may be reluctant to hire a personal injury attorney when seeking financial compensation for their damages.
Much of this hesitance stems from common myths and misconceptions about the claims process and personal injury law in general. We’ll discuss and debunk some personal injury myths to help you make an informed decision about your potential accident case.
Myth 1: The At-Fault Party Will Have to Pay Out-of-Pocket
One of the most common misconceptions about personal injury lawsuits is that the person responsible for the accident will have to pay for the injury victim’s medical expenses out-of-pocket. This idea may prevent accident victims from filing a claim because they don’t want to make the responsible party’s life harder, especially if they are a family member, friend, or neighbor.
This is generally untrue. In most cases, it is the at-fault party’s insurance company that handles settlement offers and payout.
Myth 2: You Can Trust Insurance Adjusters to Treat You Fairly
No matter how friendly the other party’s insurance adjuster seems, do not trust them to offer fair compensation for your injuries right up front. Though many insurance companies have deep pockets, they often try to avoid extending fair settlement offers without a fight.
Most experienced personal injury attorneys will advise you not to speak to insurance adjusters about your accident (at least, not without consulting your lawyer first). This is because insurance companies are often looking for any reason to deny liability or decrease your eventual settlement offer. They may try to claim that your injuries are not as serious as you say they are. They may even comb your social media profiles for evidence to use against you in negotiations.
Myth 3: Personal Injury Lawyers Draw Out the Legal Process
It’s true that the quickest way to resolve a personal injury claim is to accept the first settlement offer you receive. As we’ve already discussed, however, this first offer may not fairly compensate you for all of your damages.
A personal injury attorney’s goal is the same as yours: to get you maximum compensation as quickly as possible. If they do not feel that the insurance company is playing fair, though, they will continue to negotiate until you get the offer you deserve. If the case can’t be resolved in negotiations, they will represent you in court.
Myth 4: It’s Not Worth Consulting a Personal Injury Attorney for Minor Injuries
Even minor injuries can lead to extensive medical bills. More than that, minor physical injuries can still cause chronic pain, infections, or emotional distress later down the road.
A personal injury attorney can help you obtain fair compensation for your damages, whether you were injured in a fender-bender or suffered the wrongful death of a family member.
Myth 5: You Can Save Money by Forgoing Legal Representation
There are a few separate misconceptions at play here. The first is that personal injury lawyers require a retainer, or money up front before negotiating your settlement. This isn’t true. Most injury attorneys work on a contingency fee basis. This means that your attorney only gets paid if they win your case and you receive a settlement. Their fee will be calculated as a percentage of your settlement. You will not pay your attorney’s fee out-of-pocket.
The second myth is that you will walk away from your case with more money if you do not hire an attorney. It’s true that you can represent yourself and that if you do not hire an attorney, you will not have to pay attorney fees. It’s been shown, however, that claimants who hire an attorney receive larger settlements on average than those who do not.
Representing yourself can also be very tricky business. There are deadlines to keep track of and documents to gather. Without legal experience and knowledge on your side, you may risk your claim being unfairly denied.
Myth 6: You Can File a Personal Injury Claim at Any Time
Some accident victims choose to wait to file a claim until they realize the total of their medical expenses and other damages. Unfortunately, this makes obtaining a settlement more difficult. All personal injury cases are subject to a time limit, known as the statute of limitations.
Statutes of limitations vary by state and case type, but one thing remains the same: after the time frame for your case has expired, you lose your right to a claim.
Utah’s statute of limitations for personal injury cases is generally four years from the date of injury. There are several factors that can impact this timeline, however, so it’s important to speak to an attorney as soon as possible. They will be able to determine how much time you have and get started on your case right away.
Myth 7: A Personal Injury Case is Quick, Easy Money
The idea that accident victims file frivolous lawsuits as a way to get an easy payday is pervasive in the media in the United States. Many people see accident attorneys and the victims they represent as greedy people who take advantage of the court system.
This, again, is simply not true. Frivolous lawsuits, of course, do exist. However, ethical, responsible personal injury lawyers are not interested in pursuing such cases. Most personal injury victims are honest people who are facing serious physical pain and extensive medical expenses as a result of their accident.
It is not frivolous to seek compensation for the damages you incur after an accident. If another person’s negligence caused your injuries, you deserve to be compensated fairly.
Contact The Utah Advocates for a Free Consultation
If you or a loved one has been injured in an accident and you are considering taking legal action, you can speak with a personal injury attorney 100% risk-free. The Advocates offer free case evaluations with our experienced accident lawyers to help you determine whether you have a case.
In addition to sound legal advice and fierce negotiation skills, when you hire an Advocate, you get an entire team of people dedicated to your recovery. We will be by your side to answer your questions, help you access the resources you need, and advocate for you and your family.
The Advocates have offices throughout the state of Utah—contact us today for a free initial consultation. After your accident, you deserve a law firm that puts your best interests first. You deserve an Advocate.