5 Personal Injury Lawsuit Myths That You Need to Know Aren’t True

The moments immediately following a personal injury accident are usually filled with chaos and a lot of quick decisions. As the dust settles, and it becomes clear that filing an injury claim is necessary, misinformation of any kind can quickly derail the process.

This is even true when considering the so-called myths of a lawsuit. In reality, they’re just misunderstandings.

Consider five common misunderstandings:

1. I can wait to file my claim
2. I will financially ruin the at-fault party
3. I can’t sue because I’m partly to blame
4. I can represent myself
5. I can’t afford a lawyer

 

For any of these, you can contact us at Kiley Law Group for a free consultation at 1-888-516-3740 or continue reading.

Though many points below refer to car accidents, these same principles apply to all other personal injury lawsuits – slip and fall accident, work related accident, medical malpractice, etc.

 

1) I Can Wait to File My Claim

From the moment the personal injury accident occurs, the clock starts ticking. Waiting too long after the accident, no matter the impact on the victim’s life or health is a missed opportunity.

According to Massachusetts state law, a personal injury lawsuit, property damage lawsuit or wrongful death lawsuit must be initiated within 3 years under the Statute of Limitations. (Mass. Gen. Laws ch. 260, § 2A; Mass. Gen. Laws ch. 106, § 2-318; Mass. Gen. Laws ch. 260, §§ 2A, 4; Mass. Gen. Laws ch. 106, § 2-318; Mass. Gen. Laws ch. 229, § 2) Once the term is up, no lawsuit can be filed.

Additionally, as recent studies have found, witness testimony becomes increasingly less reliable as more time goes by or other details are presented after the fact.

“The immediate aftermath of a car accident can be chaotic,” says retired Texas Judge Anthony P. Calisi on his blog Injury Claim Coach.

“An injured victim’s first thoughts are not about talking to strangers. They’re focused on their injuries, vehicle damage, and calling the police or paramedics.”

While it’s not recommended to further injure oneself in order to get witness statements, if able at the time it can help.

“A car accident victim can take advantage of the time between the collision and the police arriving,” continues Calisi. “During that brief period, begin your search for witnesses who might help with your personal accident report. The more detail in your report, the better. You’ll probably only have one opportunity to take witness statements, so try to collect as many as possible.”

Once a claim is filed and the case goes to court, the claims adjuster and the insurers’ lawyers will consider witness testimony in the case.

Allowing too much time between either filing the lawsuit or gathering witness testimony can mean missing important windows.

 

2) I will financially ruin the at-fault party

This can be particularly worrisome if the victim knows the at-fault party personally, such as a friend or colleague, and is concerned about the financial pressure it will put them under.

Fortunately, this is what insurance companies and insurance policies are for. In the negotiations prior to the lawsuit, insurance companies will use a claims adjuster to try to settle the case out of court. This limits how much money they will pay out – regardless of the maximum limits the policyholder has in their insurance policy.

“The at-fault driver’s insurance will try to lowball you and your insurance company in order to save as much money as possible. They will try to get away with whatever they can,” says LawKick, a social network that puts victims together with lawyers. “Although your insurance company will advocate for you, it has a conflict of interest because it also wants to keep costs down and limit its own overhead.  Insurance companies often settle early in order to save money, so keep that in mind before you make the decision.”

 

3) I can’t sue because I’m partly to blame

While it may seem like being partly to blame for the accident is a disqualifier for a court to order damages paid in your favor, the state of Massachusetts realizes that there are often two parties to an accident.

In some cases, one party may be 100 percent at fault for an accident and be held responsible for damages. In other cases, both parties may share some fault.

Massachusetts, like many other states, requires that the victim must be less than 49 percent at fault for them to receive damages.

For example, consider a situation where someone is texting while driving and they strike a pedestrian who crossed the street when the crosswalk said “Don’t Walk.” Both individuals were at fault to a degree – the driver for putting himself and others at risk, and the pedestrian for putting himself at risk by entering the street when he wasn’t supposed to.

In legal terms, this is referred to as “comparative negligence” – both parties can be held accountable to a degree for the accident.

It’s best to talk with an experienced personal injury lawyer, like those found at Kiley Law Group, to understand the level of fault and what costs could be regained in a lawsuit.

For more information on negligence and comparative negligence see our blog on the topic.

 

4) I can represent myself

Massachusetts law does allow this. There is even a book on the subject for those who are interested in representing themselves (also known as pro se litigants).

However, it does offer this warning:

“You have the right to represent yourself in court. If you are thinking about proceeding without a lawyer, you should know that representing yourself in court may be difficult and will require research, time, and knowledge of the case law, applicable statutes, procedures, standing orders and a variety of other rules that govern the court process.”

The book also warns that, while it is allowed, “if you choose to represent yourself, the court will hold you to the same standards as if you were a lawyer.”

This will include writing motions, filing forms and documents that comply with court rules, meeting court deadlines “regardless of your other commitments including your job” and “childcare arrangements,” speaking in public, and preparing witnesses to testify.

According to the book, the challenge of representing oneself becomes more difficult if the other side has legal counsel representing them, which is likely the case.

“Lawyers are trained professionals. Many spend years learning how to present cases in the courtroom and studying the law. Although you may be able to handle your case, if the other side has a lawyer, it may be more difficult for you.”

 

5) I can’t afford a lawyer

While there are legal fees associated with filing a lawsuit, Kiley Law Group works on a contingency fee basis, so there are no fees unless our trained personal injury lawyers win your case. This arrangement makes it possible for someone of any financial means to have the same legal representation as anyone else.

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