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Debunking Common Myths About Personal Injury Claims

Navigating the world of personal injury law can be difficult, especially if you or a loved one have been hurt in an accident. Misinformation and misconceptions are widespread during such times, adding further stress to an already difficult situation. Misunderstanding the law can frequently result in missed chances, errors in claims, or even the dismissal of otherwise sound cases.

In this blog post, I hope to dispel some prevalent misconceptions about personal injury cases. My goal is to provide you with information so that you may make informed decisions and avoid common traps. Whether or not you are currently involved in a personal injury lawsuit, eliminating these myths will help you better understand personal injury law and the claims process.

Perhaps you were hurt as a result of someone else’s negligence on the road, at a park, in a store, or anywhere else. Perhaps someone else intended to injure you and succeeded. Maybe the other person didn’t try to hurt you, but their dog did.

Personal injury claims are the subject of many misconceptions. Most people are unfamiliar with and new to the process of bringing a personal injury lawsuit after being hurt in an accident. People who lack personal experience may be discouraged from suing or even contacting a personal injury attorney in Athens, Texas due to preconceived notions and misconceptions about how a personal injury case may be handled.

You could file a personal injury claim on any of these occasions. It is the legal process for obtaining compensation for any economic and noneconomic losses sustained as a result of the conduct or negligence of another person. You may also be granted additional punitive damages if the defendant’s actions were egregious.

Myth 1: Personal injury cases may be won easily and quickly

One of the most pervasive myths about personal injury law is that it offers a quick and simple route to a large payout. This fallacy, which is frequently spread by television programs and movies, has led to a distorted image of personal injury claims.

Personal injury claims can sometimes be very time-consuming

and difficult to navigate. They require a thorough investigation of the facts, the gathering of proof, and occasionally, a battle with insurance providers who are instructed to limit claims. Cases can drag on for months or even years as both parties attempt to reach a fair agreement. In other cases, a lawsuit can proceed to trial, lengthening the process even more.

Myth 2: I Can File a Personal Injury Claim Without a Lawyer

Although it is legally possible to submit a personal injury claim without a lawyer, the legal environment around such claims can be complicated and perplexing to individuals who are not familiar with them. Experienced personal injury lawyers have the knowledge and skills to negotiate with insurance companies and opposing counsel, in addition to being familiar with the laws, rules of evidence, and court procedures.

Additionally, studies have shown that claimants with legal counsel often earn higher settlements than those who represent themselves. You run the risk of losing out on compensation if you handle the claim without the assistance of an experienced personal injury attorney.

Myth 3: The at-fault party would be required to pay out of pocket

The majority of the time, the person’s insurance company pays for the damages rather than the person who was at fault. These expenses are covered by various insurance policies, such as liability insurance for businesses, auto insurance, and homeowners insurance. But keep in mind that negotiating with insurance providers can be difficult because they frequently try to reduce benefits.

Myth 4: I may bring the best personal injury lawsuit whenever I like

Each state has a “statute of limitations,” or a deadline by which you must submit your claim. Regardless of how strong your claim may be, you risk losing your ability to seek compensation if you fail to file within this time frame. The precise amount of time varies based on the state and the kind of harm, emphasising the significance of quickly obtaining legal counsel following an accident.

Myth 5: My Insurance Company Will Handle Everything 

Since insurance companies are businesses trying to protect their bottom line, they have a financial incentive to make as few payouts as possible. While it’s true that your insurance provider is important to the process, depending on them alone to manage everything may not provide you with the best results. Hiring your own attorney assures you have someone on your side and has your best interest in mind. 

Myth no. 6: Minor Wounds Defend Against a Personal Injury Claim Instead

Even if an accident appears small at first, it can have a big financial impact and have unanticipated effects on your life. Additionally, certain injuries may not manifest symptoms for days or even weeks after the collision. After any injury, it’s critical to get medical care and speak with a personal injury attorney to learn your legal options.

Myth 7: You Can’t File a Claim if You Don’t Feel Pain Right Away

Pain is not always there right away after an injury. Some injuries, such as whiplash or a traumatic brain injury, might not show symptoms right away. Even if you feel well after an accident, it’s important to get checked out by a doctor. You should also follow up with your doctor if any new symptoms appear.

Myth 8: The larger the settlement, the more medical treatments there were

The objective of a personal injury claim is to reimburse you for the necessary medical care required as a result of the accident, not to collect as many medical treatments as possible. Excessive or needless procedures might not raise your payment because insurance companies or the jury might view them with skepticism.

Myth No. 9: You Can’t Sue for Emotional or Psychological Harm

While physical injuries are often the foundation of a personal injury claim, psychological and emotional damages such as depression, anxiety, and PTSD can also be cited. These diseases can be as severe as physical ailments, and it is critical to document these difficulties with the assistance of a healthcare expert.

Myth 10: The Insurance Company’s First Settlement Offer is the Best I Can Get.

Insurance companies frequently offer a modest initial settlement in the hopes that the claimant will accept it quickly, allowing them to finish the case at the lowest possible expense. However, the first offer is rarely the whole amount to which you are entitled. This is where the services of an experienced personal injury attorney in Athens comes in handy. An attorney can negotiate with the insurance company on your behalf, advocate for your interests, and work to get you the most money for your injuries.


People can better understand personal injury law claims by understanding these prevalent myths.

The likelihood of receiving just compensation for the harm sustained might be considerably increased by seeking skilled legal counsel and representation.

For people who have been hurt because of someone else’s negligence, dispelling these widespread myths regarding personal injury litigation is crucial. The pursuit of justice and financial compensation for victims is greatly aided by personal injury litigation. People can decide whether to file a lawsuit with the help of an experienced personal injury attorney in Athens Texas by knowing the reality behind these falsehoods. 

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Personal Injury Law Case – What Happens After You Are Hurt?

Personal Injury Law Case – What Happens After You Are Hurt?

What happens when you’re injured in a car wreck? Injured by an 18-wheeler? Bit by a dog? Slip and fall at a business? Injured while in jail or prison? Assaulted? 

You’ve been injured, now what happens?

First, read my blog titled “What you should always do if you are hurt in an accident” to learn more about how to document your injuries and ensure you receive the maximum amount of compensation you deserve.

Now, the most important thing to know about being injured is that in Texas there is a strict two statute of limitations from the date the injury occurred to file a lawsuit against the person, or company, believed to have caused the personal injury; there are a few exceptions to this deadline. But, if your claim does not meet one of the exceptions, and you file your personal injury petition after two years from your injury, you will not be able to get a settlement for your personal injuries.

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So, let’s discuss what happens before a petition is filed for your personal law case because before a personal law case petition is filed in Court, much can happen, and it usually goes like this:

  • You are injured
  • Notify insurance carrier of claim
  • Get medical treatment for your personal injuries
  • May need to check in with insurance carrier with status of medical treatment
  • Send demand letter once treatment is completed
  • Negotiate a settlement
  • Sign release to receive settlement check
  • If you can’t agree on an amount during negotiation, file a petition in Court

That’s it! That is what typically happens in a personal injury case BEFORE a petition is filed with the Court. If a settlement cannot be reached, or there is a denial of liability, then a petition can be filed with the Court. 

Here are additional questions you may still have about your personal injury law case:

  1. When do I get paid?

    There are only two times during a personal injury law case when payment is able to be made; 
  • when all treatment is finished or 
  • when medical treatment exceeds the policy limits of the insurance.

     2. How do I find out the policy limits of the insurance? 

Always request the policy limits be sent to you in writing by the insurance company. Never trust what the insurance company tells you on the phone, get it in writing. You need the bodily injury policy limits and any other coverage that may be available. 

    3. What records do I need to settle my case?

All medical records, all billing records and all pharmacy records. An example would be ambulance bill, radiology bill, lab bills, pathology bill, emergency room physician bill, surgeon’s bill and hospital bill. Also need all photos and videos of the property damage, the place where the personal injury occurred and photos of all personal injuries.

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