Debunking Some Common Myths About Personal Injury Cases
Myth #1: Personal Injury Claims Take Years to Resolve
Often, individuals who have sustained personal injuries choose not to seek compensation because they are under the impression that personal injury claims take years to resolve. In actuality, no one can predict the exact time it will take to resolve a personal injury case. Nevertheless, the truth about personal injury cases, especially car accident personal injury cases, is that, in many circumstances, these cases do not even make it to the courtroom. Most personal injury claims are settled out-of-court, meaning a personal injury case can be settled even in a matter of months. While some personal injury cases can take years to resolve, assume nothing about your unique case before speaking to an attorney.
Myth #2: An Individual Can File a Personal Injury Claim at Any Time
Most states, Maryland included, have set a time limit on how long a person has to seek compensation for their injuries after they have been involved in an accident due to another party’s negligence. The law that sets the maximum amount of time you have to file a personal injury claim is called the “statute of limitations.” After suffering a personal injury in Maryland, an individual typically has three years to file a personal injury claim. So, when another person’s negligence results in you suffering an injury, and you want to ask a court to award you damages for your losses, you have three years to have your complaint and other required paperwork filed in court. Usually, the statute of limitations clock begins running on the date of an individual’s accident. If you file a personal injury lawsuit after three years have passed, your case might end up being dismissed.
Myth #3: People File Frivolous Personal Injury Claims All the Time
Unfortunately, the media has made it look like many individuals who file personal injury lawsuits are filing frivolous lawsuits. Simply put, a frivolous lawsuit is one that has no basis in law or fact. Many people fear filing personal injury claims to avoid having this negative image attached to them. However, the truth is that when it comes to personal injury lawsuits, most people file legitimate claims.
Myth #4: At-fault Parties Pay for Damages Out-of-Pocket
This is a common misconception that many people have. For instance, some car accident victims may choose not to file personal injury claims against an at-fault motorist because they believe the motorist will have to compensate them out-of-pocket. Generally, people who hesitate to file personal injury claims because of this myth do so because they do not want to be responsible for making another person’s life miserable. However, at-fault parties do not pay out-of-pocket for plaintiffs’ injuries and damages in most situations. In most cases, at-fault parties’ insurance companies are the ones that pay plaintiffs.
Myth #5: You Need to Attend Lengthy Hearings
As mentioned before, most personal injury claims settle before they ever need to go to trial. If you and your attorney can secure fair compensation outside court, you will not need to attend lengthy court hearings. However, it is crucial to remember that settling a personal injury case outside of court is not for everyone. It would be best if you let a qualified personal injury attorney advise you before you decide to settle your case outside of court.
Myth #6: People Who File Personal Injury Claims are Greedy
This is one of the prevalent myths surrounding personal injury cases. Many people decide not to file personal injury claims for fear of being called greedy. You are not greedy for needing compensation for the expenses you have incurred after your accident. You should not put off filing a personal injury claim out of the fear of being called greedy when you need compensation for injuries and damages that are not your fault.
Myth #7: Litigation is Necessary to Obtain Compensation
As already mentioned in previous points, your case does not have to go to trial for you to obtain compensation. So, if you are afraid of going to court, for whatever reason, you should speak to an attorney to learn if your case can be settled outside court. Nevertheless, litigation may be necessary to receive compensation if your case is complicated or a settlement cannot be reached.