Personal injury lawsuits can be among the more common legal proceedings. Unfortunately, there are numerous misconceptions about these proceedings that can cause individuals to inadvertently compromise their cases, their rights, and their ability to make informed decisions. By having these notions exposed, you will be much better positioned to make wise choices for addressing your legal needs.  

Myth: Your Attorney Will Always Immediately File A Formal Lawsuit

There is a common misconception among some first-time clients that the attorney will immediately prepare to file the formal lawsuit. However, there are a number of reasons why this would not be the case. Often, the attorney will attempt to negotiate an out-of-court settlement with the other party to avoid the length and expenses associated with trials. Additionally, it is essential for your injuries from the accident to be fully healed before filing the lawsuit, as the cost of medical treatment will need to be considered in the initial demand.

Myth: You Cannot File A Lawsuit If Your Actions Contributed To The Accident Or Damages You Suffered

In many instances, the victim of an accident may have inadvertently contributed to the accident or the damages that they suffered. An example may be a motorcyclist that was not wearing a helmet at the time of an accident. Luckily, contributing to an accident may not eliminate the opportunity for you to pursue damages. This is due to the fact that the courts will consider the comparative negligence of both parties. While comparative negligence on your part may limit the amount you can recover, it will not entirely prevent you from recovering any damages for the accident.

Myth: There Is No Harm In Accepting The Initial Offer From The Insurance Company

It is common for the insurance company to quickly make an initial settlement to you following an accident. Unfortunately, this offer will often be low compared to the damages that were suffered, and many people will accept it with the belief that they can pursue legal action later to get more compensation. However, you will be required to sign a release form in order to receive this offer, and this document will absolve the insurance company and other party of any future liabilities related to your accident. For these reasons, you should always be very skeptical of this initial offer. In most cases, it will be wise to have this settlement offer reviewed by an experienced personal injury attorney before you accept it. This will allow you to hear an expert opinion on the value of your case versus this offer.