Seven Debunked Myths About Personal Injury Lawsuits
If you’re injured in an accident, whether that’s due to a car crash, a defective product, or a slip and fall, you may feel overwhelmed. You’re dealing with medical bills, pain, and missed work. You may get unsolicited legal advice from friends and family, and an insurance company may have contacted you. What you’re being told may be based on misunderstandings and myths about how personal injury cases work.
Satterley & Kelley, PLLC attorneys take on insurance companies and win. We represent severely injured victims involved in accidents throughout Kentucky. Call us toll-free at 855-385-9532 so we can answer your questions, clear up any misconceptions, and set the record straight on Kentucky law and your legal rights.
Here are some myths you believe or that someone told you.
1. Filing a personal injury claim means you’re suing someone.
You might think filing a personal injury claim means taking someone to court and engaging in a long, hostile legal battle. Actually, most personal injury cases are resolved through insurance claims, negotiations, or settlements. Full trials in personal injury cases are fairly rare.
Though cases are filed against the responsible party, if they have insurance coverage, their carrier pays for the legal defense and a damages verdict up to the policy limit.
A lawsuit is filed if the insurance company refuses to offer a fair and reasonable settlement. Most lawsuits are settled before trial. Seeking compensation doesn’t mean you’re out for revenge against the party causing your accident. You just want your medical bills and losses covered.
2. You don’t need a lawyer. The insurance company will treat you fairly.
You don’t need an attorney to negotiate with the insurance company covering the party who injured you. You could also represent yourself in court.
But if you go it alone without an attorney, you could set yourself up for failure. If you don’t know all the facts about your accident, how applicable laws are interpreted, how to negotiate, or what insurance carriers usually pay for your injuries, you put yourself at a serious disadvantage. If you go this route, you may settle your case for far less than it’s worth.
If you “shoot for the moon” and demand a figure that’s far than reasonable, the insurance company won’t settle. They’ll wait for you to lower your demand or prepare for a trial.
Over the years, we’ve represented injured attorneys who practice in other areas of law. They understand that these cases are unique and require very specialized knowledge and experience to do a thorough job. If an injured attorney wouldn’t want to represent themselves in a personal injury case, why would you?
3. Personal injury lawsuits are frivolous.
Some cases are, but we don’t take them. Our time, energy, and reputation aren’t worth whatever we may recover in a frivolous case. Most personal injury claims are legitimate, involve serious injuries, and have evidence that the defendant is liable.
Filing a personal injury claim doesn’t mean you’re trying to get “easy money.” It means you’ve suffered a loss, another party is responsible, and you’re seeking compensation that Kentucky law says you’re owed.
4. If your injuries aren’t visible, you don’t have a case.
Most cases involve a mix of visible injuries and harm you can’t see. Many serious injuries are invisible, like traumatic brain injuries, whiplash, nerve damage, herniated discs, or psychological trauma.
Insurance companies try to downplay these injuries, but if they were caused by negligence, a compensation claim is no less valid. Medical records, expert evaluations, and imaging can all help prove invisible injuries exist and the harm they cause.
5. Hiring a personal injury lawyer is too expensive.
We work on a contingency fee basis. As part of our retainer agreement, we and our clients agree that we’ll be paid a percentage of their recovery. You will pay nothing up front or out of pocket. We will recover payment only if you recover a settlement or jury verdict.
6. You can file a personal injury claim at any time.
Kentucky, and every other state, has a statute of limitations. It’s a deadline to file a lawsuit seeking a recovery because someone harmed you. Most states’ statutes of limitations are two years from the date of the harm. In Kentucky, it’s one year. That may sound like a long time, but when you’re seriously injured, have a job, and a family to support, it can fly by before you know it.
That’s why you’ll find many requests on our website to accident victims to contact us as soon as possible. We want to set you up for success. That’s more difficult if we need to rush to get all the necessary ducks in a row before filing a lawsuit.
If you’re seriously injured, do yourself a favor. Contact us as soon as possible after you’re hurt. It’s an essential item on your post-accident “to do” list that you can put behind you. If you retain us, it also gives us more time to develop your case, so you’ll have the best chance of receiving a full recovery.
7. You’re guaranteed compensation if you’re injured.
We wish it were that simple. There are many issues standing between an injured accident victim and a financial recovery. Some are necessary because of Kentucky negligence and insurance law. If you don’t deal with them or do it poorly, you may not recover anything.
The territory between an injury and recovery is filled with obstacles. Some are clearly visible; others are like landmines – you only find one when you step on it. It’s our job to guide you from one end of this perilous journey to the other.
Speak To a Satterley & Kelley, PLLC Personal Injury Attorney Today
If another’s negligence caused your injuries, Satterley & Kelley, PLLC attorneys will protect your interests and right to compensation. Don’t try to handle severe injuries and an insurance company by yourself.
Schedule a free initial consultation to discuss your case. To reach our Louisville office, call 502-589-5600 or toll-free at 855-385-9532. You can also complete our contact form if it’s more convenient.