When you have sustained injuries due to another person’s negligent actions, you can file a personal injury claim to recover your financial losses. There are a variety of types of personal injury cases, from motor vehicle accidents to premises liability injuries; however, most injury victims don’t take action at the right time.
Often, this is due to common misconceptions about these types of claims. You should know all the facts to make the right decision in your circumstances. Here is what many injured victims mistakenly believe when it comes to personal injury cases.
You Can’t File Claims When You Have Minor Injuries
Some personal injury accidents will leave victims with minor injuries. If you are expected to recover from this injury, you may think you don’t need to file a claim. However, it is best to file a claim after your medical examination for this injury.
It doesn’t matter if your injury will fully heal, you still have the legal right to make a claim. You do not need to shoulder the burden of the costs of your injuries, even if they are minor.
You Can File Your Personal Injury Claim at Any Time
After sustaining your injury, you should act quickly to file your personal injury claim. The sooner you do, the less likely the insurance company will be to deny it. However, if they offer a low settlement or deny a rightful claim, you can file a lawsuit.
In Indiana personal injury cases, you must file your lawsuit within the statute of limitations. This gives you two years from the date of your accident or injury. While a couple of years may seem like plenty of time, it is shorter than it seems. You will need to gather evidence that shows the other party was at fault and liable for your injuries.
Waiting too long to get the ball rolling on your lawsuit may mean that the evidence needed to prove the other party was at fault is no longer available. Witnesses may have moved away or forgotten significant details, and it will be harder to prove what happened. The defendant can also claim that the injuries you say they caused occurred after the accident.
You Must Appear in Court
The vast majority of personal injury cases are settled before a trial becomes necessary. While going to trial for your case may seem intimidating, an attorney will be ready no matter what happens, even if they strongly believe the case will be settled out of court.
It’s a wise move to work with injury lawyers as they will plan for court while working to negotiate a fair settlement amount on your behalf. Complex cases have a greater chance of going to trial, though they can still settle any time before the trial date.
It Costs Too Much to Hire a Personal Injury Lawyer
One of the most damaging misconceptions is that it costs too much to hire an attorney. That is why some injured victims will try representing themselves instead. You should know that personal injury attorneys are affordable because the vast majority of them work using a contingency fee model. This means they do not require any payment unless they get you a settlement or win at trial.
Most personal injury lawyers provide a free initial consultation where you can learn about your legal options and how they may be able to help you. You can ask them about their fees to know what to expect and how much money you may receive in compensation after paying their fees.
