Some Myths About Personal Injury Lawsuits

20 April 2017
 Categories: Law, Blog


Personal injury lawsuits can be invaluable tools for those that have found themselves injured after an accident. While these lawsuits are designed to allow individuals to seek compensation for the damages that were inflicted upon them, misunderstandings concerning these cases can discourage individuals from taking advantage of recovering compensation.

You Will Not Have A Case If You Did Not Go To The Doctor Immediately After The Accident

It is a common assumption among many people that they will only be able to file a personal injury lawsuit if they sought medical care immediately after the injury. While going to the doctor immediately after an accident can help to strengthen your case, it is understood that many accident victims may not be able to seek or may not realize that they need medical care. For this reason, individuals that did not immediately seek care may still be able to pursue these claims. However, it should be noted that they will likely face a more challenging road to prove their claims. In particular, the attorney will need to build an argument for proving that your injuries directly results from the accident despite you not seeking medical care immediately. Provided this may seem impossible, but using expert witnesses and your personal account for not seeking treatment may help to overcome this challenge.

You Have To File A Lawsuit To Start Discussing Settlement Terms

Settling a lawsuit without the case going to trial is often the preferred outcome for everyone involved. While there is a chance that the jury or judge may award you more than the settlement offer, there is no guarantee of this happening. In fact, it can be possible for you to end the case with far less than what was originally offered in during the settlement negotiations.

Sadly, negotiating a settlement is a poorly understand strategy for resolving civil injury cases. There is a belief that the settlement negotiations will only start once the lawsuit has been filed. Yet, it can be possible for these negotiations to occur at any time. In fact, the insurance for the party responsible may contact your quickly after the accident in an attempt to settle the case. Once you sign the settlement documents, you will be unable to pursue further legal action against the party responsible. Before you accept any money for the accident you should provide a copy of the terms to your attorney so that they can weigh whether the offer is reasonable considering the facts and strength of your case.

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