What you do and don’t know CAN hurt you, especially in the aftermath of an accident. In fact, if you believe some of the common myths about personal injury cases, it’s far more likely that you will make mistakes that could negatively impact the strength and outcome of your claim.
To help you avoid these mistakes and preserve your rights to recovery, the following uncovers the real facts behind common, harmful myths about personal injury cases. For additional facts and advice specific your situation and potential claim, simply contact a trusted Englewood personal injury lawyer at Maggiano, DiGirolamo & Lizzi, P.C.
Call (201) 585-9111 or Email Us
for Free, Confidential Answers Regarding Your Potential Claim
Contacting our firm and attending a free consultation does not create any obligation to retain us. It can, however, illuminate the steps necessary to setting your claim up for the best possible resolution.
5 Common Personal Injury Myths Dispelled
Do not be misguided by these prevalent and possibly costly personal injury myths.
Myth #1: I have plenty of time to file my case.
Wrong! State law sets a specific, firm time limit for filing personal injury cases. These time limits are known as the “statute of limitations” for a case, and they typically start on the date of the accident (that caused the injury) or on the date when the injuries are discovered.
In New Jersey, the statute of limitations for personal injury cases is two years (with some exceptions).
Generally, it’s advised that prospective plaintiffs (i.e., those considering filing a claim) take action as soon as possible to initiate their case (rather than waiting and running out the statute of limitations). This is primarily due to the fact that evidence can degrade or disappear overtime, meaning that these claims tend to be stronger when they are filed sooner (instead of months or a year later).
Myth #2: I was the victim in the accident, so I’m guaranteed compensation.
Wrong again! There are no guarantees with personal injury cases, and you should be skeptical of anyone of “guarantees” you compensation for your claim.
The reality is that personal injury victims may be entitled to compensation and that factors like (but not limited to) the following can impact whether their case results in a financial recovery:
- When the case is filed – If the statute of limitations expires before the case is filed, the victim can lose the opportunity seek compensation (because the case will likely be dismissed).
- The available evidence – There must be sufficient evidence to prove negligence, liability and the extent of the losses and injuries sustained. If any of these elements cannot be proven by evidence, it is far more difficult to secure compensation for the associated claim.
- What the plaintiff does as the case proceeds – Admitting fault to an insurance company, failing to follow through with prescribed medical care and various other actions can sabotage a claim.
Myth #3: It’s always better to accept a settlement offer than to take a personal injury case to trial.
False! No matter how large a settlement offer may seem, do not automatically accept it without first talking to a lawyer. An attorney can carefully evaluate the offer and inform you if it’s acceptable or not (given the details of your cases).
The bottom line here is that personal injury settlement offers are commonly lowballed because insurance companies:
- Are focused on preserving their profits by reducing or avoiding payouts whenever possible
- Train adjusters to look for ways to undercut or deny claims
- Know that victims may really need the payouts and that they may not be advised of their rights and entitlements.
Additionally, insurers may go so far as to send checks out to victims. Cashing these checks can implicitly act as the acceptance of a settlement offer.
Myth #4: I can trust the insurance company to be fair and honest with me and my claim.
This is also false! Going along with the above myth and fact, this one underscores the point that the insurance company is NOT an advocate or ally for personal injury victims seeking compensation.
Typically, the opposite is more likely to be true: the insurer may be adversarial, dishonest and/or unfair when it is time to process a claim and honor victims’ rights. So, the bottom line here is that victims should not rely on the insurer to:
- Advise them of their rights and options
- Guide them through the claims process
- Be willing or forthright about paying the full amount of compensation a victim and claim deserve.
Myth #5: I don’t need a lawyer to oversee my personal injury case.
Untrue – this can be the most dangerous personal injury myth to believe! For these claims, an experienced lawyer can offer invaluable representation and guidance at every stage of the recovery process, helping victims:
- Avoid damaging mistakes
- Stand up to adversaries
- Craft and present a solid case
- Fight to bring their case to the best outcome possible.
Contact an Englewood Personal Injury Lawyer at Maggiano, DiGirolamo & Lizzi, P.C.
An experienced Englewood personal injury lawyer at Maggiano, DiGirolamo & Lizzi, P.C. is ready to partner with you and level the playing field as you move forward to seek the financial recovery and justice you may deserve.
Call (201) 585-9111 or email us to start getting the answers and information necessary to maximize your recovery.
Our record of success and superior legal service in personal injury cases has earned our firm numerous recognitions and accolades, as well as positive testimonials from previous clients. Let us explain how we can make a difference in your claim, recovery and future. We look forward to helping you.
Located in Bergen County, New Jersey, Englewood is a diverse, charming city that is just minutes away from New York’s Times Square. Home to more than 27,000 people, Englewood borders Fort Lee, Englewood Cliffs and Bergenfield.
Some of the unique destinations Englewood offers include bergenPAC, the Flat Rock Brook Nature Center and the George Washington Bridge. Notable historical landmarks in Englewood include the John G. Benson House, St. Paul’s Episcopal Church and the Peter Westervelt House and Barn.
In popular culture, Englewood is known for being the birthplace of David Cassidy, Alicia Keys, Eddie Murphy, John Travolta and Sarah Jessica Parker.
Our attorneys specialize in all areas of personal injury practice, including but not limited to: