Tuesday, August 31, 2010

8 Myths Regarding Personal Injury Claims




Here are few of the more common myths that surround the act of filing a personal injury lawsuit or wrongful injury claim:

Myth number One: You must file a case and to go to court to receive any chance of compensation.

Truth: Every case is unique and in many cases you do not need to go to court to receive compensation. In fact most personal injury cases are settled out of court even before litigation. The facts are that in many cases insurance companies consider it much less expensive to settle amicably rather than spend money on litigation all things considered.

Myth number Two: Claims for personal injuries are difficult and complex as well as time consuming to file.

Truth: Personal injury claims become complicated in cases where liability is an issue. Claims for compensation are frequently settled within a time frame of 12 months. Those claims which are more complex involve liability issues and disputes and/or those in which a serious injury took place. This is generally however a hassle free matter when you employ the services of qualified and competent legal counsel. 

Myth number Three: The notion that Insurance companies will deal with you in good faith and your need for a lawyer in the negotiation is less important than is generally perceived.


Truth: Most all insurance companies will do what they can to save costs through negotiations for a lower settlement. With the assistance of a lawyer, you have a better chance at receiving an equitable settlement and compensation.

Myth number Four: Compensation claims are easy money making propositions.

Truth: The injured party will only receive as much compensation as determined by the damages incurred including pain and suffering to be negotiated upon prior to and during the settlement. In all cases compensation will depend on your economic damages and as already mentioned such things as pain and suffering.

Myth number Five: Personal Injury Claims promote a "litigious culture".

Truth: This is untrue. People believe that pursuing claims creates a culture where people would frivolously make claims for absolutely anything simply to win a settlement. However, persons with legitimate reasons to pursue a personal injury claim will actually recover damages. 




Myth number Six: Filing a claim against your employer will result in losing your job.

Truth: Many people injured at work fail to pursue claims for fear of losing their jobs. However, generally most employers will not terminate you simply because you report and file for a personal injury claim. If you had an accident during work, you have every right to make a claim for personal injury or other damages. The law actually protects workers in this unfortunate situation.

Myth number Seven: Treatment for injuries may not be undergone while in the process of pursuing your claim.

Truth: Actually most insurance companies preempt this potential complaint by arranging themselves for the treatment injured parties in the various stages of their recovery.

Myth number Eight: The law seems to favor big companies and larger employers; in which case you will almost always lose your claim against them.

Truth: Untrue. Federal and state governments have strict laws that guarantee the rights of individuals and entities. Any infringement of these laws will have serious consequences for the offenders, whether they be an individual or an entity. The legal process assures all of equal treatment under the law.

In conclusion, it would be best practice for you to secure the services of a legal professional in pursuing any claim you may have. Putting the valuable skills and experience of a knowledgeable personal injury lawyer to represent you will improve your chances of attaining your goals.
Robert B. Bagnall

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