You think you know how personal injury law works?
Turns out there are more misconceptions about personal injury than most people realize. We’ve all heard the myths – they affect your rights, your bottom line, and your options for recovery.
So what’s the truth?
Our list debunks 9 of the most common myths out there. It’s time for the facts to come out.
- The Biggest Myths That Cost People Money
- Why Minor Injuries Still Matter
- The Truth About Legal Costs
- When You Really Need to File a Claim
- How Long Cases Actually Take
You Don’t Need a Lawyer for “Small” Cases
Biggest personal injury myth of them all? People think they can handle claims on their own when the accident seems minor. This couldn’t be further from the truth.
Truth: Even minor accidents can have major consequences. Fender benders can lead to chronic pain, diagnosed weeks or months later. Slip and fall accidents that seem like nothing can cause ongoing back issues. Insurance companies know this. They also know that people without lawyers settle for much less.
When you work with qualified personal injury attorneys, you even the playing field. Insurance companies can’t get away with lowballing you when you have experienced legal representation in your corner.
The numbers don’t lie – people who use attorneys end up with significantly more compensation than those who don’t.
Personal Injury Cases Take Forever to Resolve
Ever think personal injury cases drag on for years?
This is another myth that’s prevented people from making claims. It couldn’t be further from the truth.
Reality: Most personal injury cases settle much more quickly than you’d expect. According to the U.S. Department of Justice, half of all cases settle within 14 months. In many cases, settlements occur in just 6-9 months.
What actually happens: Your lawyer does the work, gathering medical records, investigating the case, and negotiating with insurance companies. Most of the work happens behind the scenes while you focus on healing.
Only about 3% of personal injury cases ever go to trial. The vast majority settle through negotiations.
Why do people think cases take forever? Because high-profile, hard-fought trials get all the media attention.
You Can’t Afford a Personal Injury Lawyer
This is one of the most damaging myths out there…
Lots of people think personal injury lawyers are too expensive. They’re worried about upfront costs, hourly fees, and endless legal bills.
Truth is: Most personal injury lawyers work on contingency fees. That means you don’t pay a penny unless they win your case.
No money up front. No hourly fees. Your attorney only gets paid if and when you get paid.
In fact, this gives your lawyer incentive to get you the best possible settlement. The more you win, the more money they earn.
Think about it – why would a lawyer take your case unless they thought they could win? They only get paid if you do.
Minor Injuries Aren’t Worth Pursuing
This is the myth that really hurts people financially…
Lots of people assume that minor injuries mean small payouts. So why bother filing a claim?
WRONG. Wrong on so many levels.
First, what’s minor today may not be so minor next month or next year. Whiplash, concussions, and soft tissue injuries can get much worse over time.
Second, even minor injuries cause real financial costs. Medical bills, lost work, pain and suffering – they all add up.
Third, you might not even be aware of the full extent of your injuries right away. Some symptoms take days or weeks to develop.
Bottom line? Every injury caused by someone else’s negligence is worth pursuing. Insurance companies don’t want you to know this.
You Can’t Sue Friends or Family Members
This myth keeps a lot of people from getting the help they need…
Maybe your family member caused a car accident. Or your neighbor’s dog bit you. People think filing a claim is like suing the person directly.
Reality: You’re not suing the individual. You’re filing a claim with their insurance company.
Their insurance pays the settlement, not them. Yes, their premiums may increase. But that’s what insurance is for – to protect against accidents.
Your friend or family member won’t be paying you out of their personal savings account.
All Personal Injury Lawyers Are Ambulance Chasers
Another stereotype that really needs to go…
The movies and TV shows can’t help themselves. Love to show ambulance-chasing lawyers swooping in to make a buck.
Drama sells, but it’s not reality. The truth is far less glamorous.
Truth: Most personal injury lawyers are professional, ethical, and help people in difficult situations. They’re working to hold negligent parties accountable and get you fair compensation.
Personal injury law generated $57.3 billion in revenue in 2024. If people didn’t need and want that help, it wouldn’t exist.
Good lawyers don’t want frivolous cases. It wastes their time and hurts their reputation. Ethical attorneys only take cases that have merit.
Insurance Companies Always Offer Fair Settlements
Possibly the most dangerous myth of all…
Insurance companies want you to think they’re on your side. You hear things like “this is our best offer” and “we’re being generous.”
Don’t fall for it.
Insurance companies are a business. Their job is to minimize payouts and maximize profits. The adjuster on the phone with you gets a bonus if they save the company money.
Their first offer is almost never their best offer. It’s the lowest amount they think you’ll accept.
Remember: Insurance companies have a team of lawyers and adjusters working against you. You need someone on your side too.
Wrapping It All Up
Personal injury law isn’t as hard to understand as some of these myths make it out to be.
Most cases get settled quickly and fairly when handled properly. You don’t have to pay anything up front. Minor injuries can still result in meaningful compensation.
The tragedy is how many people pass up on the opportunity for help because of these misconceptions.
If you or a loved one has been injured in an accident that wasn’t your fault, don’t let myths keep you from exploring your options. A quick consultation with a qualified attorney can shed light on your situation and protect your rights.
Time is also an important factor though. Every state has time limits for filing personal injury claims. Don’t wait until it’s too late to get the justice and compensation you deserve.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.