Personal injury claims can be confusing, and there’s a lot of misinformation floating around. If you’ve ever been injured in an accident, you’ve probably heard a few myths that might make you hesitant to file a claim. Well, I’m here to bust those myths wide open.
Injury Lawyer Tate Meagher
Offices in Louisville and Shepherdsville, Kentucky (Serving all of Kentucky)
Myth #1 – I Can Handle the Insurance Company on My Own
Dealing with insurance companies can be far more complicated than most people expect. Insurance adjusters handle claims daily, and they are trained specifically to minimize payouts to injury victims.
Adjusters use tactics such as lowball offers, delaying settlements, or attempting to get you to say something that can weaken your claim. If you’re unfamiliar with how insurance companies operate, you might accept far less than your claim is actually worth.
Having an experienced lawyer on your side ensures that someone who knows the tricks of the trade is standing up for your best interests. Injury lawyers are familiar with the tactics insurance companies use to reduce payouts and can effectively counter them. They know how to build a strong case, gather the right evidence, negotiate for a fair settlement, and even take the case to court if necessary.
Additionally, having a lawyer handle the communications and negotiations with the insurance company can relieve a lot of stress for you. After an accident, the last thing you want to do is navigate the complex web of insurance policies, legal jargon, and endless paperwork. An experienced personal injury lawyer can take over this process, allowing you to focus on your recovery.
By hiring a lawyer, you’re not just getting someone to handle the legal work—you’re giving yourself the best chance to secure the maximum compensation you deserve.
Myth #2 – If I’m Partially at Fault, I Can’t Get Compensation
This is a big misconception. Even if you’re partly at fault, you may still be entitled to compensation. In most states, you can recover damages even if you are partially at fault for the accident.
For example, Kentucky is a pure comparative negligence state. This means that an injury victim can recover compensation even if they are 99% at fault for the accident, as long as they can show another party was at least 1% to blame.
The compensation awarded to the injury victim is reduced in proportion to their percentage of fault. For instance, if you were 80% at fault for an accident but another party was 20% at fault, you would be entitled to recover 20% of your damages from that other party. If you had $100,000 in damages, you could still recover $20,000.
I’ve represented numerous clients over the years who were partially at fault, and almost always, I was able to secure them a favorable outcome. If you think you’re out of luck, consult with a lawyer—you may still have a case worth fighting for!
Myth #3 – If The Other Party Is Liable, I Will Get Paid for My Damages
Just because someone is legally responsible for your injuries does not necessarily mean you will receive compensation. If the liable party lacks the financial resources or insurance coverage to pay for your claim, you may face significant challenges in getting compensated.
Tracking down insurance in a car accident case is crucial. Likewise, it’s essential in cases like dog bites or slip and falls on a business property. However, if the liable party is judgment proof (meaning they have no significant assets or insurance), you may not be able to collect anything.
This is why it’s critical to have uninsured and underinsured motorist (UM/UIM) coverage on your automobile insurance policy. UM coverage protects you when the at-fault driver has no insurance, while UIM coverage helps when the other party’s insurance isn’t enough to cover your damages. Without this coverage, you could end up paying out of pocket, even though someone else is responsible for your injuries.
Myth #4 – I’ll Have to Go to Court
Many personal injury claims don’t end up in court!
Most cases are resolved through settlement negotiations, avoiding the need for a lawsuit or trial. Insurance companies and attorneys on both sides prefer to settle to avoid the costs, time, and uncertainty of litigation.
Injury victims also benefit from settling without going to court. While a trial might result in a slightly higher payout, it often requires significant time and effort with no guarantee of a better outcome. In most cases, the compensation offered during negotiations is fair and sufficient.
Myth #5 – I Can’t Afford a Lawyer for My Personal Injury Claim
This is probably the biggest myth of all—because everyone can afford a personal injury lawyer!
Most injury lawyers, including myself and my firm, work on a contingency fee basis. This means you don’t pay anything unless your lawyer wins your case.
With a contingency fee arrangement:
- You can pursue justice without upfront costs.
- Your lawyer has a strong incentive to maximize your compensation.
- You get access to expert legal representation regardless of your financial situation.
This ensures that you have the ability to fight for the compensation you deserve without the stress of paying legal fees upfront.
Disclaimer: This post is not legal advice. Always speak with a lawyer about your specific situation.
