When it comes to personal injury claims, misconceptions can prevent accident victims from pursuing the compensation they deserve. Here are some common myths about personal injury claims in San Diego, along with the facts that set the record straight:
Myth 1: “Only Severe Injuries Deserve Compensation”
Fact: While serious injuries often result in higher compensation, even relatively minor injuries can lead to significant medical bills, lost wages, and other expenses. California law allows accident victims to seek compensation for all types of injuries, including those that may seem minor at first but worsen over time. A skilled San Diego personal injury lawyer can help you understand the potential value of your claim, regardless of the severity of the injury.
Myth 2: “You Must Go to Court to Win a Claim”
Fact: Most personal injury cases are resolved through settlements, not trials. A lawyer’s primary goal is to negotiate a fair settlement with the insurance company, saving you time and stress. However, if the insurance company refuses to offer reasonable compensation, an attorney can take the case to court. Either way, having legal representation improves your chances of a favorable outcome.
Myth 3: “If I Was Partially at Fault, I Can’t File a Claim”
Fact: California follows a “pure comparative negligence” rule, which means you can still file a claim even if you were partially at fault for the accident. Your compensation may be reduced by your percentage of fault, but you are not barred from recovering damages entirely. An attorney can help establish the degree of fault and work to maximize your compensation.
Myth 4: “I Can Wait to File My Claim”
Fact: California has a statute of limitations for personal injury claims, typically two years from the date of the injury. Waiting too long can result in losing your right to file a claim. It’s critical to act quickly by consulting with a San Diego personal injury lawyer who can ensure that your claim is filed on time and that valuable evidence is preserved.
Myth 5: “The Insurance Company Will Offer a Fair Settlement”
Fact: Insurance companies often try to minimize payouts and may offer settlements that are far lower than what you deserve. They may use tactics such as delaying the process, disputing medical treatment, or questioning the severity of your injuries. A lawyer can handle negotiations with the insurance company, ensuring that you receive fair compensation for medical expenses, lost wages, and pain and suffering.
Myth 6: “Hiring an Attorney Is Too Expensive”
Fact: Most personal injury lawyers work on a contingency fee basis, meaning they don’t get paid unless you win your case. This arrangement allows accident victims to pursue their claims without upfront costs, making legal representation accessible to everyone.