Common Misconceptions About Personal Injury Cases

Posted On October 9, 2023 Personal Injury by John Allen Phebus

Before you begin a personal injury case in Arizona, you may have many questions and concerns about the legal process. There are a lot of common misconceptions regarding personal injury claims that could make it more difficult to navigate your case and even interfere with your financial recovery. Learn more about your case by contacting a Surprise personal injury lawyer at the Law Offices of John Phebus.

Myth: Your Injuries Have to Be Serious to File a Claim

Just because your injuries from an accident are minor does not mean you shouldn’t file a claim. Even with low-level injuries, you have the right to file a personal injury claim and pursue financial compensation for your pain, suffering, medical bills and lost wages. An attorney can review your case to determine if you have grounds to file a claim and if it will be worthwhile based on the extent or severity of your injuries.

Myth: If You Have Insurance, You Do Not Need to Hire a Lawyer

Unfortunately, insurance companies do not always treat claimants fairly. Even if you never missed an insurance premium payment, expect your insurance company to use tactics to downplay your losses and diminish the value of your settlement. This is because insurance companies are for-profit businesses that will always put their bottom lines first. A reasonable settlement offer may not be possible without hiring a personal injury lawyer to negotiate with an insurance claims adjuster on your behalf.

Myth: Personal Injury Lawyers Are Too Expensive/Aren’t Worth the Money

This misconception has gotten in the way of countless accident victims securing the financial compensation that they deserve for serious injuries. Most personal injury lawyers, including those at the Law Offices of John Phebus, operate on a contingency fee basis. This means clients are not charged anything upfront in attorney’s fees. The attorney will only charge a fee if he or she secures financial compensation for the client. In this case, the fee will be deducted directly from the settlement or judgment award won; the client will never be charged out of pocket.

Myth: You Can File a Personal Injury Case Whenever You Want

Every state has a law called a statute of limitations that imposes a strict deadline on an accident victim’s ability to file a personal injury claim. In Arizona, the statute of limitations is generally two years from the date that the accident takes place or an injury is discovered or reasonably should have been discovered by the victim. If you do not take action within two years, the courts will most likely bar you from filing a claim.

Myth: Filing a Claim Is Frivolous or Could Ruin Someone’s Life

If you were injured because of someone else’s negligence, you deserve financial compensation to help you pay for your bills and move forward. In the vast majority of personal injury cases, the party receiving the claim is an insurance company, not an individual. People pay for insurance to protect them from liability. If you need to file a claim, even against a friend or family member, the claim will actually be against their insurance company.

Myth: Bringing a Claim Means Going to Trial

The odds of a personal injury case going to trial are low. The vast majority of personal injury claims in Arizona get resolved with settlements, or private agreements made between insurance companies and claimants. If your attorney does recommend going to trial to pursue a positive outcome for your case, your attorney can attend meetings and hearings with you to guide you through the legal process.

For more information or answers to frequently asked questions about personal injury cases in Arizona, request a free case consultation with our attorneys today.