As experienced personal injury attorneys in Aiken, South Carolina, we at Johnson, Johnson, Whittle, Lancer, & Staggs frequently hear common myths and misconceptions surrounding personal injury claims.
These misconceptions often cause many injured individuals to hesitate or even avoid filing personal injury claims altogether. Unfortunately, allowing these myths to guide their decisions can prevent them from securing the compensation they deserve.
If you’ve been injured in an accident in Aiken, SC, it’s important to separate fact from fiction. This is why our Aiken personal injury lawyers at JJWLS have taken it upon ourselves to address six common myths about personal injury claims and provide the facts you need to make informed decisions about your rights.
Myth 1: You Don’t Need a Lawyer for a Personal Injury Claim
Many people believe they can handle their personal injury claim on their own, especially if they think their injuries are “minor” or the case seems straightforward.
The Truth
While it might seem simple to navigate a claim without legal help, the reality is that insurance companies are often eager to minimize payouts. Insurance adjusters work for the company, not for you, and their goal is to pay out as little as possible.
A personal injury lawyer can help protect your rights, ensure you get the maximum compensation, and handle the legal complexities of your case.
When Legal Help Is Crucial
If your injury is severe, the liability for the accident is disputed, or you’ve been offered a low settlement, having a lawyer is essential. Additionally, in complex cases, legal expertise can make all the difference in securing a fair outcome.
Myth 2: Personal Injury Lawsuits Are Always About Greed
Some people believe that personal injury claims are simply a way for individuals to get rich off an accident or injury.
The Truth
In reality, the majority of personal injury victims file claims to recover money for legitimate expenses, such as medical bills, lost wages, and long-term care. They aren’t seeking an unfair windfall but trying to rebuild their lives after someone else’s negligence has caused them harm.
The Purpose of Personal Injury Law
Personal injury law exists to help victims recover both physically and financially after an accident. It’s not about greed but about getting back to a place where the victim’s financial and emotional well-being is restored.
Myth 3: If You Were Partly at Fault, You Can’t Recover Damages
Many people wrongly believe that if they share any fault for an accident, they have no chance of recovering damages.
The Truth
South Carolina follows a principle called comparative negligence. This means that even if you are partially responsible for the accident, you can still recover damages, though the amount may be reduced by your percentage of fault.
Example
Let’s say you were in a car accident where the other driver was speeding, but you were texting while driving. The court may find you 20% at fault, but you would still be entitled to 80% of your total damages, reducing your recovery by the percentage of fault assigned to you.
Myth 4: Personal Injury Cases Always Go to Court
Many people fear that filing a personal injury claim will lead to a long, expensive court battle.
The Truth
While some cases do go to trial, the vast majority of personal injury claims settle outside of court. In fact, most cases are resolved through negotiation and settlement agreements. A good personal injury lawyer will fight for the best settlement possible before even considering trial.
When Cases Go to Trial
In cases where the insurance company refuses to offer a fair settlement or liability is heavily disputed, going to court may be necessary. However, the majority of personal injury cases are resolved without the need for a trial.
Myth 5: You Can File a Personal Injury Claim Anytime
Some people think they have all the time in the world to file a personal injury claim, but this is far from the truth.
The Truth
In South Carolina, as in most states, there are strict deadlines known as “statutes of limitations” that limit how long you have to file a personal injury lawsuit. Typically, the statute of limitations is 3 years from the date of the accident or injury, but it can vary depending on the circumstances.
Why Acting Quickly Matters
Filing your claim promptly ensures that evidence is preserved, witness memories are fresh, and your case is strong. Waiting too long could result in missing the deadline, and losing your right to pursue compensation.
Myth 6: Minor Injuries Don’t Warrant a Claim
Many people believe that if they don’t feel immediate pain or if their injuries seem minor, there’s no reason to file a claim.
The Truth
Not all injuries are immediately apparent. Injuries like whiplash, soft tissue damage, and internal injuries can take days or even weeks to show symptoms. Even if you feel fine immediately after the accident, it’s crucial to see a doctor to ensure that any injuries are documented and treated properly.
Why Medical Evaluation is Crucial
Getting a proper medical evaluation not only ensures that you’re addressing any hidden injuries but also provides important documentation that strengthens your claim. This will be invaluable if symptoms develop later and you need to demonstrate the extent of your injuries.
How a Personal Injury Lawyer Can Help Clear Up Misconceptions
If you’ve encountered any of these myths or are uncertain about your rights, a personal injury lawyer can help clarify the facts and guide you through the process. Here’s how we can assist you:
- Providing Honest Case Evaluations: We offer free consultations where we evaluate your case and provide an honest assessment of its strengths and weaknesses.
- Handling Insurance Company Tactics: Insurance companies are known for using tactics to minimize payouts. We’ll ensure you don’t fall victim to these tactics.
- Negotiating Fair Settlements: We’re skilled negotiators who fight to ensure you receive full compensation for your injuries, including medical expenses, lost wages, and future care costs.
- Guiding Through the Legal Process: Personal injury claims can be overwhelming, but we’re here to make the process as manageable as possible, helping you every step of the way.
Consult Experienced and Informed Personal Injury Attorneys in Aiken, SC Today!
Many people allow common myths about personal injury claims to stop them from pursuing their rightfully compensation. By understanding the truth behind these misconceptions, you can make informed decisions about your legal options.
If you’ve been the victim of a personal injury accident in Aiken, SC, don’t let misinformation prevent you from seeking the justice and compensation you deserve. At Johnson, Johnson, Whittle, Lancer, & Staggs, we’re committed to helping you navigate the legal process and secure the compensation you need to recover.
Call us today at (803) 649-5338 for a free consultation to discuss your case and get the accurate legal advice you need. Let us help you clear up the myths and get the fair outcome you deserve.
