San Diego Personal Injury Myths

Misconceptions are aplenty in the realm of personal injury cases. These common myths prevent people from pursuing the legal process, even when they should seek what is owed to them.

Educated injury victims are empowered to make informed decisions, so before hiring an attorney, learn the most common myths around personal injury law.

Myth 1: Insurance Companies Have Your Best Interest in Mind

Adjusters for the responsible party will reach their own conclusions on what the insurance company owes you. It will almost certainly not be fair compensation. They will try to convince you that their first offer is the best one you will get.

They want the personal injury claim quickly closed. Their aim is to give you as little money as possible, so they will insist you take the initial offer, no questions asked. That is where an experienced 

personal injury lawyer can help. Their legal advice and representation will guide you to a fair settlement, not the paltry offer adjusters hope you accept.

Myth 2: You Can File a Claim Whenever You Want After an Accident

There is a time frame in which you must file a personal injury claim. In California, it is typically two years from the date of the accident for a negligence claim, however under certain circumstances the deadline may be shorter.

Given the slow nature of the claims process and the possibility of litigation, you should hire a personal injury attorney as soon as you are ready. The closer you begin to the accident date, the easier it is to collect evidence, finish your treatment, and get the appropriate compensation.

Myth 3: If the Accident Is Partially Your Fault, You Cannot Seek Compensation

California is an at-fault state, meaning the at-fault party is accountable for all costs. This includes property damage, medical bills, lost wages, and mental suffering. Fault is based on which driver was negligent in causing the accident. This is why it is extremely important you consult an attorney prior to accepting a settlement from the insurance company.

You can still pursue legal action even if you are partially at fault. The percentage of your level of fault reduces your compensation. If you are found to be 40% at fault, then you may still be able to recover 60% of your total damages.

Do not think that partial fault bars you from pursuing financial recovery.

Myth 4: Seeking Compensation Will Cost You a Lot of Money

Most reputable personal injury lawyers work on a contingency fee basis. They only get paid if you win your case. You generally will not have to pay out-of-pocket costs during any part of the process.

The lawyer’s fee is contingent on a successful outcome. The fee is generally a percentage of the amount recovered in the settlement. This is usually agreed upon before the lawyer takes your case. In most circumstances if the lawyer does not win your case, then you do not owe them anything.

This system allows people to access legal representation regardless of socioeconomic status while motivating the personal injury lawyer to secure the best possible outcome for you. With the potential lost wages and medical bills resulting from the accident, a contingency fee basis gives you the financial breathing space to recover and recoup your losses.

Myth 5:  You Will Have to Go to Court

A massive misconception is that a lengthy, stressful trial is inevitable if you file a personal injury claim. It depends on the complexity of your case.

Most personal injury cases are settled out of court. Attorneys for both sides often opt to negotiate to avoid the costs and uncertainties of a trial. This results in quicker resolutions, lower costs, and less stress for everyone involved.

However, your attorney will go to court if there are disputes on liability and damages. An experienced personal injury attorney also knows when an insurance company offers less than what you are entitled to and will pursue litigation if necessary.

Myth 6:  You Can Only File a Claim for Physical Injuries

Personal injury is not confined to just physical damage. Damage may also come in the form of emotional or psychological issues which also deserve compensation. 

The wrongful death of a family member after a car accident is a traumatic event and should also be compensated.  

The emotional impact of losing a loved one is profound and long-lasting. Families often experience intense grief, depression, and anxiety, struggles which affect their daily lives. Such cases are not just about addressing financial losses but acknowledging the deep pain of the surviving family members.

A San Diego Personal Injury Attorney Can Help You

Personal injury claims are often complex cases requiring a law firm specializing in this field of law. That is where The Advocates come in. We are accident attorneys with the know-how necessary to guide you to the outcome you deserve.

Hiring a lawyer is a big step. With the most common personal injury myths busted, you can now decide if that is what you want to do. If you are unsure, feel free to reach out to us. You can begin with a free case evaluation with one of our San Diego-based attorneys. We are here to serve anyone in California.