Misinformation about personal injury claims could lead to costly mistakes after an accident. Many people assume they cannot claim compensation because of a minor injury, delayed medical treatment or partial fault. Knowing the facts behind these common myths could help you protect your rights and make informed decisions about your claim.
Common myths about personal injury
If you or your loved ones have been victims of a personal injury, knowing the actual facts surrounding the topic helps you claim your legal rights. Some of the most common myths about personal injury include:
- Minor injuries are not worth pursuing: Some people assume minor injuries are never worth pursuing. However, the value of a claim depends on the specific facts and damages involved.
- You can file a claim at any time: According to Florida’s statute of limitations, personal injury claims generally have two years from the time the injury occurred to file for a lawsuit. Missing the deadline could result in losing the compensation permanently.
- You cannot recover compensation If you are partially at fault: You may still be able to recover compensation if you are partially responsible for the crash. Florida’s modified comparative negligence law bars you from seeking compensation for damages, if you are more than 50% at fault.
- You must seek Immediate doctor treatment to file a claim: Delayed medical treatment does not automatically deny or minimize a claim. However, the insurance companies may argue that the delay suggests the injury was not serious or was caused by something else.
- Insurance companies will take care of everything: It is not uncommon for insurance carriers to offer a smaller settlement amount early on in the process to offer a quick end – not giving the injured party enough time to consult with a lawyer. It is advisable to seek legal counsel from an experienced professional in this matter.
Insurance companies often prioritize minimizing their financial losses rather than providing fair compensation to victims. Therefore, be cautious when communicating with your insurance representatives and do not say anything that could be used against your claim later.
Taking the right action
Dealing with personal injury is an overwhelming experience for many, considering the heavy physical, emotional and financial tolls that they had to suffer. If you are a personal injury victim or close to someone who is going through the situation, seeking guidance from an experienced injury attorney can help you understand your legal options and protect your rights.