Personal injury law is one of the most widely misunderstood doctrines of law due to the complex nature of the cases. Personal injury claims are completely versatile in nature as each claim is unique . The law governing this area of law is quite clear, and the rights of each party have been clearly defined in the states statues and have been further clarified using case law precedents. However, this area of law is only clear to people who have attained a degree of knowledge in litigation procedures and the general parameters of personal injury law.
To others, personal injury law is always considered to be a grey area of law due to the complexity involved in each case. This is exactly why there are so many myths about personal injury law as people fail to understand the nuances of handling cases related to personal injury law. Below, we’ll debunk some of the top myths about personal injury law:
1.Every personal injury lawyer requests a retainer up front
Many people have the common misunderstanding that every personal injury lawyer requires an upfront retainer fee in order for them to start representing any client. This is not true as there are many personal injury lawyers in San Bernardino who do not require an upfront retainer, but might request for contingency fees.
2.Every personal injury lawyer can predict the damages awarded
This is another popular myth that many people unfortunately believe as no personal injury lawyer can predict the damages awarded to their clients. They might be able to provide a ball park figure but it is not possible for them to determine the exact amount. The courts take into account a variety of different factors before allocating damages to a party, using their own techniques to determine the amount.
3.Every personal injury claim will go to court
This is probably the most popular myth regarding personal injury claims as a substantial number of people believe that every personal injury claim is settled in court. A competent lawyer will first try different out-of-court mediums to settle the issue and will only initiate the litigation procedure if they fail to reach a settlement out of court. Most lawyers will try their level best to avoid litigation as it will demand a substantial amount of their time and their client’s money!
4.Hiring a personal injury lawyer is unnecessary
Although every individual has the right to represent themselves, it is not recommended to do so. Even if the case does not go to trial because the defendant’s insurance company has made an offeror a settlement, only a personal injury lawyer can get their client damages which includes their losses.
For example, an insurance company might pay an individual enough money to cover their hospital bills, but they will not consider other losses such as the time the patient wasted in the hospital. The insurance company will not consider the fact that the patient is missing work or that his/her injuries will not allow them to continue working. A personal injury lawyer on the other hand will take all of these factors into account and will fight for a settlement that encompasses their client’s losses.
These are the top four myths about personal injury law that many people have misconceptions about. To learn more about this area of law simply contact a personal injury lawyer or a pedestrian accident lawyer in San Bernardino!