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  • Writer's pictureLeitner Varughese Warywoda

Debunking the Top Myths of Personal Injury Cases




Suffering an injury due to someone else's negligence is a painful and traumatic experience that can lead to physical, emotional, and financial stress. In these situations, hiring a personal injury lawyer can provide you with the necessary legal guidance and support to secure the compensation you deserve. Unfortunately, many people avoid seeking legal help because of common misconceptions and myths about personal injury cases. As experienced personal injury lawyers at Leitner Varughese Warywoda, we want to debunk these myths and help you make informed decisions about your case.


Myth #1: Filing a personal injury lawsuit will cause your insurance rates to go up. This common misconception often discourages individuals from pursuing personal injury claims because they fear a significant increase in their insurance premiums. However, this fear is unfounded, at least in the state of New York. When you file a personal injury claim in this state, your insurance rates will not be impacted. Insurance rates are typically determined by evaluating your overall risk profile and driving history over a specific period. Filing a personal injury claim does not automatically categorize you as a high-risk driver since it is just one factor among many that insurers consider when calculating premiums. Therefore, rest assured that seeking compensation for personal injury will not result in an unwarranted rise in your insurance rates.


Myth #2: Personal injury cases inevitably end up in court. Another common myth is that filing a personal injury lawsuit automatically leads to a courtroom trial. However, in reality, the majority of personal injury cases are usually resolved outside of court through settlements. This means that the parties involved negotiate an agreement that satisfies both sides, eliminating the need for a trial. According to the U.S. Department of Justice, approximately 95% of personal injury cases are settled before reaching the trial stage[^1^]. This process not only saves time and resources but also allows for a more amicable resolution, enabling the parties involved to move forward with their lives.


Myth #3: Personal injury lawyers pocket all the money. This is a common misconception about personal injury cases that needs to be debunked. Many people mistakenly believe that hiring a personal injury lawyer means they will receive only a small portion of the settlement, as the lawyer takes a significant cut. However, this couldn't be further from the truth. At Leitner Varughese Waryuwodac, we want to assure you that we work on a contingency fee basis. This means we only get paid when you receive your rightful compensation. Our fees are calculated as a percentage of the settlement. Rest assured, we always provide a transparent and upfront estimate of our fees. We are committed to advocating for your best interests and ensuring you receive the maximum compensation you deserve.


Myth #4: Personal injury cases are easily manageable without professional help. There is a misconception that hiring a personal injury lawyer is unnecessary and individuals can handle their cases independently. However, the reality is far from simple. Successfully navigating a personal injury case requires meticulous adherence to numerous legal and procedural requirements. From gathering evidence to maneuvering through the complexities of the legal system, it can be overwhelming for those without legal expertise.


In such situations, the expertise of an experienced personal injury lawyer is invaluable. They possess a deep understanding of the intricacies of personal injury law and can guide you through the entire process. They will ensure meticulous preparation and presentation of all necessary documentation and evidence, significantly enhancing the likelihood of a favorable outcome. Additionally, they possess the negotiation skills required to effectively engage with insurance companies on your behalf, fighting for the compensation you truly deserve.


By seeking the assistance of a knowledgeable personal injury lawyer, you can have complete confidence that your case is in capable hands. They will advocate for your rights and tirelessly work towards securing the best possible outcome, providing you with the peace of mind and support you need during this challenging time.


Myth #5: Personal injury cases only revolve around physical injuries. Contrary to popular belief, personal injury law encompasses more than just physical injuries. Emotional and psychological injuries resulting from an accident are also covered under personal injury law. If you've experienced emotional distress, anxiety, or depression due to an accident, you may be entitled to compensation.


Myth #6: You Should Choose a Lawyer Your Friend Recommended. A typical misconception is that a recommended lawyer is always the best choice. Although personal recommendations can be beneficial, it's crucial to remember that every case is unique. The lawyer who was perfect for your friend's situation might not have the specific skill set or experience needed for your particular case. It's always important to conduct thorough research, review credentials, and schedule consultations with potential lawyers to ensure they are a fit for your needs. Never feel obliged to go with a certain lawyer simply because they were recommended. Your choice should always be based on who you believe is most capable of handling your case effectively.


Myth #7: Every Personal Injury Lawyer Handles Medical Malpractice and Nursing Home Neglect Cases. This common misconception often leads individuals to make misguided decisions when selecting a lawyer. The truth is, personal injury law encompasses a wide range of diverse practice areas, with medical malpractice and nursing home neglect being extremely complex areas requiring specific skills, knowledge, and experience. Even among personal injury lawyers, not all are equipped or have the requisite experience in handling these particular types of cases. It's essential, therefore, to choose a lawyer who has a focus on the specific area pertaining to your case to ensure you receive the highest level of representation.


Myth #8: It's Okay if Someone Solicits You on Behalf of an Attorney. Some people believe that it's acceptable for an attorney, or someone representing them, to solicit their services to you after an accident. This practice, referred to as "ambulance chasing," is not just unethical - it's illegal in many jurisdictions. It's important to understand that reputable law firms do not engage in such practices. High-quality, ethical attorneys rely on their track record, competence, and client referrals to secure new clients. If you're approached by someone soliciting on behalf of an attorney, especially shortly after an accident, it's a red flag that should prompt you to look elsewhere for legal representation.


As you can see, there are many myths and misconceptions surrounding personal injury cases. It is important to separate fact from fiction and seek the guidance of an experienced personal injury lawyer to protect your rights and obtain the compensation you deserve. At Leitner Varughese Warywoda we are committed to helping our clients navigate the legal system and obtain a fair settlement. Remember, when it comes to personal injury cases, the truth is on your side.

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