10 Common Misconceptions About Personal Injury Claims

Misconception 1: I have insurance, so I don’t need an attorney

It is important to remember that insurance companies are running a for-profit business. An initial offer from the insurance company to settle your claim will almost always be less than the full amount of your coverage and may not be enough to cover your medical bills and other expenses(read more about it here). The insurance company employs well-trained, expert claim adjusters, investigators, and attorneys. Not only is attempting to negotiate with the insurance company on your own a bad idea, but statements you make to them could potentially be used against you and harm your claim. It is in your best interest to hire an experienced Personal Injury Lawyer Brooklyn NY —one who is working for you—to evaluate your claim and negotiate with the insurance company on your behalf. Personal injury claims can be complex and tricky, so having someone who has handled substantial amount of injury cases can be extremely beneficial.

Misconception 2: I can just wait and hire an injury attorney later, if I need one

Delaying in the hiring of a personal injury lawyer to represent you has the potential to seriously harm your claim. Evidence necessary to assist in your claim may disappear over time, or may you not have even noticed it would be pertinent; the sooner you obtain an injury attorney, the stronger the case they can build for you.

Practically speaking, a personal injury lawsuit must comply with applicable statutes of limitations (which means that some cases have a time-limit). In New York, most personal injury claims must be filed within 3 years of the incident from which any injuries arose(read about statute of limitation here). Also, you should know that if you accept any insurance money, or any other offer from the insurance company, you forfeit your right to file a lawsuit based on the same incident in the future. What may seem like a lot of money now, may not even begin to cover the expenses you may come across later. Having an experienced injury lawyer on your side, who has seen how thousands of cases and personal situations have played out, can be a great asset.

Misconception 3: Hiring a personal injury lawyer in New York is too expensive

The reality is that if you have been significantly injured, you may think that you cannot afford to hire a personal injury lawyer. In fact, it’s more likely that you can’t afford to not hire an attorney. This logic may seem backwards, but if you think about it: not hiring an attorney, and settling directly, may get you some money, but later you may find that it’s not nearly enough to cover your expenses; versus, you do hire an attorney, who knows what costs may come up in the future and how much your case is really worth, allowing you to actually afford your expenses. After an injury, you are probably already dealing with medical bills, lost income, pain and suffering, and other expenses like property damage.

Personal Injury Lawyer Brooklyn NY at The Rybak Firm, PLLC offer a Free and Confidential Consultation for anyone who suffered an injury due to someone else’s negligence. Furthermore, our injury attorneys work on a contingency fee basis. This means that the client pays nothing, $0 unless we obtain a settlement or verdict at trial in your favor. If we don’t recover for you, you are not responsible for any costs or fees.

Misconception 4: I don’t want to sue anyone, it feels wrong

Pursuing a claim or lawsuit is not only right, it is your right. The legal process of filing a law suit was created and exists to protect people who have been wrongfully injured. Also, realize that the money recovered doesn’t come out of another individual’s pocket—so you’re not taking food from their kids’ mouths or the clothes off their backs. The money you receive comes from the insurance company that that person pays monthly premiums to, to protect them from this type of situation. Most people are concerned about making an insurance company pay, for one reason or another. But that is exactly what they are there for. Think of it as a savings account in which you pay into just in case something goes wrong in the future; now the time has come that you, or the person at fault, needs to collect.

Misconception 5: People who file personal injury lawsuits are just greedy

This is a popular misconception that perpetuated by insurance companies and the media in order to make plaintiffs feel guilty about pursuing the money they are rightfully owed. Do not allow big corporations to make you feel this way. They are probably the ones being greedy, after all. Another related misconception is: that people who file personal injury claims are filing frivolous lawsuits. This is not the case either. Most people who file personal injury cases have been in legitimate accidents or sustained real injuries from the negligence of someone else. In almost all cases, the person filing the suit is an honest person who is just trying to collect what is owed to them for expenses and damages, so that the negligence of another does not end up financially ruining them or their family.

Misconception 6: It will take forever to resolve my case

It is true that filing a claim will take time and effort. But, that is why you hire a personal injury lawyer. You worry about recovery and your injury lawyer will worry about getting you the compensation you deserve. The length of time it will take to resolve a case largely depends on how complex it is, but many cases settle before a lawsuit is ever filed. Most insurance companies do not want to go to court, it is expensive, time consuming and requires lots of valuable resources. They usually understand that they should be paying out a legitimate amount, but as stated early, they are a for-profit business so they try to get away with paying less early on.

Misconception 7: My divorce, family, or estate lawyer can handle my personal injury case

Lawyers are much like doctors in that they generally have a focused area of practice. Just as you wouldn’t ask your general physician to perform heart surgery on you, you shouldn’t trust an attorney who isn’t focused on personal injury law to handle your injury claim. Not all people are experts at all things. Just because someone went to law school does not mean they understand the ins-and-outs of personal injury law. At The Rybak Firm, PLLC we have spent years researching and trying personal injury cases. Let our experienced New York Personal Injury Lawyers, who are dedicated to handling personal injury claims, help you.

Misconception 8: If I hold out, I will get a bigger settlement

This is definitely not always the case. Though it may be true that this is the right plan of action for some cases, it does not hold true for all situations. Sometimes, all it takes is having a knowledgeable injury attorney on your side who understands the process of getting you the settlement you deserve. Once insurance companies see that you have retained a personal injury lawyer, they understand that you mean business and will no longer be pushed around or taken advantage of. Sometimes, all it may take is filing the correct paperwork, at the right time, to the right people. It is likely that the case may be settled before it ever hits a courtroom.

Misconception 9: My case has to be settled, before I can receive medical treatment

This is definitely not the case. You do not have to wait for your case to be settled before you can begin receiving medical treatment. You need, and very much deserve, medical treatment right away. In fact, your medical evaluation will reveal the scope and extent of all your injuries.

Prior to a proper evaluation, you may think that you only have one injury, when in fact there are multiple injuries that will cause you pain and complications later. Your medical bills and records can help your Injury Attorney make a better case and determine the level of compensation you need now and in the future. Understandably, how you will pay for medical care before you have received your money from the insurer is a concern. However, many doctors will work with you while your claim is pending. There are also other options to get temporary funding to pay medical bills until your claim is resolved. For example, it is common to use your own medical insurance to cover the bills until your claim is settled. Once it is, you will pay back your healthcare provider. Additionally, Medicare and Medicaid can be used to help cover the costs.

Misconception 10: I’ll just handle it myself to save the headache

You very much could just handle your case directly with your insurance provider. In fact, they’d love to do so. The cases can be complicated and use jargon and laws that most people do not understand. You don’t want to be the only person in the room or on the phone that doesn’t know what is going on in your own case. Hiring a personal injury lawyer who not only can get you a bigger settlement, but also handle the case for you, is a win-win.

If you or a loved one have been injured by the negligence of another and need compensation for your medical bills, property damage, pain and suffering, and all the other looming costs, contact the experienced personal injury attorneys at The Rybak Firm, PLLC for a FREE Consultation. Don’t allow the insurance company to give you less than you need and deserve.