We have handled hundred personal Injury cases through the years throughout the Central Valley, and have pretty much seen and heard it all. Many people have come to us with the wrong perspective and incorrect expectations on personal injury cases. To help our community and beyond understand exactly what a personal injury case entails we put together a list of some myths that float around – don’t be fooled!
- Personal Injury Claims are “Easy Money” – This is probably the most popular statement that we hear. Many people think that if you get ran over by so much as bicycle you can sue for millions of dollars. Many people cite the infamous McDonalds hot coffee spill case an example. When in fact, what most people don’t know about that case is that the lady who was burned received 3rd degree burns all up and down her legs. Furthermore, investigators found out that McDonald’s employees were brewing the coffee at 200 Degrees Fahrenheit. To sum up, you need to be injured, and the other party must be found negligent, to have a chance at winning a case and winning a large award. Even then, much of that can go to hospital bills and other expenses involved with the litigation.
- Being a Personal Injury Plaintiff is a Guaranteed Win – This is false. In court, there are no guarantees. As personal injury attorneys, we know this for certain. Although we have a great many wins, there are still the rare case where we thought we had a stronger case than the opposition, but the judge did not think so.
- An Injured Party Can File Anytime – There is a statute of limitations in California that sets a time limit for when a claim can be filed. If the injured party misses the window of opportunity, they will not have a chance to file. Usually, the window is 2 years for personal injury, unless a government agency is involved, or it is defined as a medical malpractice case, in which case, the statutes are shorter. This is why we recommend finding a reputable attorney as soon as possible. Even though we understand the additional stress added upon recovery, it is important to file as soon as possible.
- Lawsuits Take Too Long – This isn’t necessarily incorrect, but often, these cases wrap up a little quicker than most. You might be expected to appear in court, or a deposition, and of course, attend a medical examination. But when the liability is clear and it is obvious who the responsible party was, these can wrap up in about 8-12 months.
- An Attorney Is Not Necessary – This is a little too common. Many folks believe so strongly that they have a case, that they go into court, represent themselves, and then are defeated by the opposition’s attorney. An experience personal injury attorney knows exactly what arguments to look for, and what pieces of evidence are strongest. More than that, we know how to thoroughly vet the situation and determine if you have a strong case. Hiring an experienced personal injury attorney is always recommended when going to court. Particularly in these cases, since the plaintiff is more than likely, getting over the trauma of being in a serious accident.
We hope this article debunks some of the myths that are most commonly believed surrounding personal injury cases. If you have yourself in a similar situation, then please give us a call at (209) 900-8200 or fill out the web form below. We are standing by and ready to help!