If you were in an accident caused by someone else’s negligence, you may be entitled to pursue a personal injury action for the harm they caused. However, there are numerous myths surrounding negligence claims — and many accident victims have misconceptions about the process of filing a lawsuit. An experienced attorney can debunk these myths and offer personal injury advice specific to your case while guiding you through the complexities of the legal process.

The following are several myths about personal injury claims that victims should be aware of:

Myth #1: You Need to Pay Your Attorney Up-Front

Many accident victims may be apprehensive to pursue a personal injury action because they think they cannot afford an attorney. But it is essential to understand that in a personal injury action, you do not need to pay your attorney any fee up-front. Most Washington personal injury attorneys work on a contingency fee — this means you only pay your attorney a percentage of the recovery if they obtain compensation for you in your case.

Myth #2: You Need to Go to Court to Settle a Claim

Another common myth in personal injury matters is that you need to go to court to settle a claim. This could not be further from the truth — many cases are resolved through alternative dispute resolution methods such as negotiation, mediation, or arbitration. Although litigation is always an option if a fair settlement cannot be reached, a knowledgeable personal injury attorney can often achieve a positive outcome outside the courtroom.

Myth #3: You Can’t Recover if You Were Partly to Blame

A common personal injury law myth is that a victim cannot recover compensation if they were partly to blame for the accident. However, under Washington’s pure comparative negligence law, an accident victim may still be entitled to monetary recovery for their damages even if their own negligence contributed to the accident. Any amount of compensation awarded would be reduced by their percentage of fault.

Myth #4: You Don’t Need a Lawyer to Resolve Your Claim

Many accident victims mistakenly believe that they can handle their claim on their own and do not need legal representation. Personal injury is a very complex area of law — and there are specific procedures that must be followed. A skillful attorney can offer personal injury advice tailored to your specific claim and help ensure you avoid any pitfalls in your case. They are trained in dealing with the insurance companies and can help ensure you obtain the maximum compensation available under the law.

Myth #5: You Should Take the First Settlement Offer

After an accident, the at-fault party’s insurance company may present you with a settlement offer. This is typically a lowball offer that does not account for the full extent of your damages. Although you might be anxious to conclude your case and obtain your compensation, it is usually best to wait until your injuries have fully developed and been treated before discussing settlement. Accepting a settlement too soon could result in you foregoing the full amount of compensation to which you are entitled.

Myth #6: You Don’t Need to Seek Immediate Medical Attention

You should seek medical attention as soon as possible. This is not only vital for your health, but also to help ensure your claim is documented. Failure to promptly obtain the medical help you need or continue treating according to your doctor’s orders can potentially weaken your claim. It can allow the insurance company to argue you are not as injured or contend that your injuries are not related to the accident.

Myth #7: You Need to Sustain a Catastrophic Injury to File a Claim

Although it is true that the amount of compensation is tied to the severity of the injury suffered, you do not need to have sustained a catastrophic injury in order to file a claim. In fact, many types of soft tissue injuries can have a substantial impact on a victim’s daily life and livelihood by limiting their activities and ability to work. While you must show that you incurred damages, liability is also key in a personal injury lawsuit — if you can establish that someone else’s negligence caused your injury, you may have a viable claim.

Myth #8: You Can File a Personal Injury Claim at Any Time

It is important to understand that you do not have an indefinite amount of time to pursue a personal injury lawsuit. There is generally a three-year statute of limitations from the date of the accident to file a lawsuit if you have not been able to settle your claim. If you miss this deadline, you could be forever barred from receiving the compensation you deserve.

Contact an Experienced Washington Personal Injury Attorney

If you have been hurt due to another party’s negligence, carelessness, or recklessness, it is vital to have counsel who can offer the personal injury advice you need. The Bellingham personal injury attorneys at Robinson & Kole provide dedicated representation to accident victims throughout Washington State and work diligently to secure the maximum compensation they deserve.

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.