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Suffering from injuries, working through recovery, and spending money and time on doctor appointments and treatments are high on the list of the most daunting life events a person can go through. Add the claim process, and the stress becomes even more pressing. Making a claim is in itself a daunting event, even if it is the right course of action after suffering injuries from someone's negligence. However, one deterrence for victims claiming to sustain injuries due to another person's breach of duty of care resides in the many wrong assumptions, misconceptions, and myths that may be heard in time.

If a specific image pops into your mind when hearing the term "personal injury lawsuit," you are not alone. This is precisely how peoples' minds create these impressions after exposure to all sorts of wrong portrayals in movies, misconceptions, and rumours.

Filing a personal injury claim first necessitates knowing how to separate the wheat from the chaff. Let's first remove the myths and stigma prevailing in personal injury claims to boost your chances of receiving the maximum compensation possible!

I can file an insurance claim without legal help - the result will be the same

Perhaps among the most severe misconceptions in the legal world is that a personal injury attorney isn't necessarily needed to make a personal injury claim. While it's true that personal injury victims can file an insurance claim alone without calling an expert or being well-versed in the law, this isn't necessarily the road to success. The insurance company will try to settle the case for as little as possible to protect their profits. Still, an experienced personal injury solicitor has better ways of dealing with the carrier to obtain the highest amount of money you are entitled to. They will gather detailed information about the accident-related losses and expenditures, the injury's severity and damage, and other details to offer a more well-rounded case strategy, thus securing the maximum settlement possible.

A minor injury isn't enough to pursue compensation

Often, victims choose to keep quiet after an accident and think the mishap occurred because they were all fingers and thumbs that day. They would blame themselves for the incident and support the related expenditures, unaware of or finding it impossible that someone else could be at fault for the accident. For instance, many employees suffer from muscle strains, a common type of workplace injury that often passes under the radar. Unknowingly, they may take a few days off to recover with home remedies and OTC medicine, suffering in silence instead of checking if they may be within their rights to seek compensation. Often, less severe sprains, strains, or soft tissue injuries can make a personal injury case, so seeking legal advice after work-related accidents is the recommended way to gain accurate information about where you stand.

Claims cost a fortune

Many people are wrong about the idea that getting help from a solicitor in the claiming process and not having it won will result in hefty bills, even if the representative didn't obtain any type of compensation in the first place. To prevent any potential expenditures, they may suffer injustice in silence and cover their expenses themselves without seeking legal advice. If you're ever involved in a damaging mishap, remember that fear of legal fees can be one of the biggest obstacles to obtaining what's rightfully yours. Most legal solicitors work on a no-win no, fee basis and provide free consultation and case management without charging anything unless they win your case. Therefore, you're not bound to pay any contingency fee if your claim turns out unsuccessful, so you don't have anything to lose.

I could jeopardize my job

Understandably, a victim may not want to risk losing their job by claiming against the employer. Many individuals fear similar repercussions, making them sweep everything under the rug. If you ever suffer a work-related accident, don't keep quiet, thinking you will encounter more significant issues. Employers have a duty of care to protect employees at all costs, and failing to implement the safety recommendations, which leads to suffering injuries at work, gives victims the right to claim against them. By law, employees can't victimize or dismiss a claimant for their action, as legislation protects most employees from being fired on these grounds. In case of unfair treatment, the employee may expose themselves to a possible employment tribunal claim.

Personal injury lawsuits are easy money

Many individuals often labour under the misconception that suits brought forward due to accidents or injuries are smooth sailing and result in settlements in the hundreds of thousands of dollars because of legal drama movies and TV shows. However, this is only sometimes the case. Settlements are most of the time determined by using state-mandated formulas. Resolution may take months, and the specificities of the case will heavily influence the amount received for a settlement.

The insurance company will work in my best interest

Thinking that the insurance company has the clients' interests at heart just because they always pay for the service on time couldn't be more wrong. The first interest of an insurance company is to protect their profits as much as possible, keeping payouts low and finishing the job quickly. Their main goal is to find ways to prevent offering the limit on the insurance, reduce or refuse payouts, deny claims, and engage in other activities to save money. The insurance company lets attorneys handle the complaints, meaning that victims should act accordingly and rely on specialist solicitors to handle their cases.

I'll have to go to court

One frequently asked question personal injury lawyers address is whether their presence in court is obligatory. The fear of appearing in front of the jury ranks among the most significant factors leading to victims' reluctance to make a claim. However, this is where a solicitor intervenes to conduct the case on behalf of the claimant. While most issues are settled out of court, the remaining small proportion of situations needing in-court settlement rarely requires the claimant's participation. The solicitor is responsible for the stage-by-stage representation process.

As you can see, many pervasive myths and misconceptions prevail in personal injury lawsuits. If you or a loved one are injured in an accident, seek legal advice to clear the waters and see if your case has the potential to succeed.  


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Category Miscellaneous, Other Articles by - Yaksh Sharma 



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