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5 Common Personal Injury Myths

Deployed airbag of a car after an accident

If you are injured in an accident that wasn’t your fault, you may be able to file a personal injury claim to recover compensation. However, knowing when or how to start your claim might not be so simple thanks to plenty of prevailing myths about personal injury cases and laws in general. The problem with some of these myths is that they seem reasonable enough to be believable. Buying into the myths as if they were truths could jeopardize your injury claim, or it could convince you not to bother filing a claim at all.

Politis & Matovina, P.A. and our team of attorneys are here to help you get to the truth of your pending personal injury claim by dispelling some of the most prevalent myths you have probably heard before. If you have more questions about a claim and live in Daytona Beach, then we encourage you to call us at (386) 333-6613.

Myth: If You Are Injured, You Automatically Receive Compensation

Truth: Compensation is never guaranteed in any personal injury case. You might be mistaking the situation with workers’ compensation, which makes it much easier to get benefits after an accident. But even then, it is not a promise. In personal injury cases, numerous factors, such as the severity of your injuries, whether or not you can prove liability, and how well documented your injuries and expenses are will affect your chances of receiving compensation. Even if you know for certain that you did not cause your accident, you could get no compensation at the end of your claim if it is mishandled. Teaming up with a lawyer can help reduce the chances of this negative outcome.

Myth: Personal Injury Lawsuits Can Be Filed Any Time

Truth: In every state, there are time constraints called statutes of limitations for the filing of lawsuits. In Florida, you have four years from the day you are injured to make a personal injury claim. After that point, the statute of limitations will expire, and the court will dismiss any claim you try to file.

Myth: Personal Injury Cases Last a Long Time

Truth: You may be surprised to learn that most personal injury claims are settled before they even get to court. While it’s true that certain cases can take years to end, many take less than a year if they can reach a settlement. Typically, court processes – including the simple yet frustrating task of scheduling a day before a local judge – are what slow down personal injury cases the most. If your claim is straightforward and can settle, then you might see your compensation within a few months or half a year. If your case is complicated and goes to trial, then it could take much longer than a year.

Myth: A Personal Injury Attorney Is Not Needed

Truth: While you can manage a personal injury claim on your own, hiring a personal injury lawyer is highly recommended. There are many steps in a personal injury claim that become easier when you are familiar with legal processes, local courts, liability law, and more. An attorney will bring all of their experience to your case, filling in knowledge gaps instantly. They can also help you negotiate with an insurance company, collect medical documents, and calculate the correct amount of compensation you deserve based on past and future damages.

Myth: A Personal Injury Attorney Is Unaffordable

Truth: You can almost-certainly afford a personal injury lawyer’s representation, regardless of your financial situation or the extent of your injuries. Personal injury attorneys will usually take a case on a contingency fee basis if not required to do so due to state-level laws. A contingency fee agreement means you will not owe any attorney fees unless your lawyer ends your claim with a settlement or verdict award in your favor. Contingency fees are also paid as a percentage of the case winnings, so you never have to pay them more than you can afford. For example, if you win $100,000 and your attorney’s contingency fee rate was 30%, then they will be paid $30,000. There is also a chance that a court will order the defendant to pay your attorney fees on top of what they provide you through compensation, making it even simpler for you to afford legal counsel.

We are Here to Answer Your Questions

Since 1993, Politis & Matovina, P.A. has been a trusted name in the Daytona Beach community. We have obtained more than $200 million for our clients in all sorts of case types, including but not limited to car accidents, truck wrecks, wrongful deaths, and more. Call (386) 333-6613 or contact us online to speak with an attorney today.