Personal Injury Settlements: Myths vs. Reality

Imagine this scenario: you’ve experienced an accident due to someone else’s negligence. A fall down a poorly-maintained stairway. A slip on a dangerously slick surface. A run-in with a defective product. You were injured – and now you’re left holding the bag, so to speak, in terms of medical expenses, lost wages, property damage, emotional distress, and other consequences.

Should you consult with a Florida personal injury attorney to assess your situation or move forward with a low-ball insurance personal injury settlement? Many people are hesitant to pursue a lawsuit. Why? It typically comes down to perception vs. reality. So let’s bust the myths that may interfere with your decision to take legal action.

Myth #1: Insurance Will Cover It

Insurance companies are in the business of generating profits. They are not in the business of extending favorable payouts to claimants. In fact, they will go to virtually any length to reduce or deny a claim. If they can get you to “go away” for a minimal sum, they will.

Whether you are relying on your own insurance or that of the other party for compensation, you are typically going to see a low-ball offer when it comes to a personal injury settlement. This is the nature of the business.

How do you fight nature? With an experienced Florida personal injury attorney who understands that accepting the first offer is most often to your detriment. The team at the LaBovick Law Group has the expertise and knowledge to take your case to the next level – ensuring you receive the compensation to which you are entitled.

Myth #2: It Will Take Too Long to Reach a Personal Injury Settlement

Like any good myth, this has a grain of truth. You will have to devote some time to the process – from consulting with your attorney to undergoing medical evaluations to attending depositions. People fear being tied up in court for months or years. The reality is that only about 3 percent of cases make it to trial. The chances of a faster settlement are much greater when you have an experienced personal injury attorney fighting aggressively on your side.

Myth #3: I Shouldn’t File a Lawsuit Because My Injuries are “Minor”

Maybe this is true; you don’t want to file a frivolous lawsuit. But so-called “minor” injuries can create major problems in terms of your ability to work, pay bills, take care of yourself and/or family, and cover medical expenses. And, if you’ve been to the doctor or emergency room recently, you know that there is no such thing as a “minor” bill.

Another issue is that small conditions can worsen over time. An achy neck can turn into chronic pain. A small bump to the head can lead to ongoing headaches. A broken bone can cause motor function issues that impede your ability to work. Whatever the case, make sure you are fully evaluated by a medical professional – and speak to a lawyer.

Do not hesitate to reach out for a legal consultation. If, after reviewing the evidence, your attorney feels the case doesn’t have merit, there’s no harm, no foul. However, if your attorney does feel the case has merit, he/she can help you proceed in an orderly – and effective – manner.

Myth #4: I Can Decide Later; I Have Plenty of Time

In the aftermath of an injury, thinking about consulting a lawyer and potentially beginning legal proceedings can be overwhelming. But there is a problem with the “wait and see approach”: statutes of limitation.

These mandate the time period by which you must file a lawsuit. Essentially, the clock starts ticking when you suffer an injury. If it runs down, you cannot seek legal redress – even if you are still struggling with mounting bills, ongoing pain or physical/mental effects, etc.

Generally, the statute of limitations for a personal injury case is two years (the big exception being those related to the cruise ships. Here, the timeline is even shorter). It’s best to begin the process sooner, rather than later.

Myth #5: I Cannot Afford a Florida Personal Injury Attorney

In many cases, you can’t afford to have a personal injury lawyer. These experienced professionals understand the nuances of the law, how to build a compelling case, and how to negotiate (and play hardball) with insurance companies.

Furthermore, most personal injury attorneys work on a contingency basis. In other words, you do not pay them unless they win your case. If you don’t receive a personal injury settlement, they don’t get paid. It’s that simple. When they achieve a successful outcome, their fee is taken from your damages.

The benefit is twofold: first, you do not pay out of pocket for their services. And second, they have an even greater incentive to maximize your settlement.

Insurance companies don’t want you to hire a lawyer; they know that this will increase the amount which they must payout. If you hear statements like, “Let’s keep this simple,” or, “Why to involve lawyers? We can handle this amicably between us,” it means, “We want to pay you less. A lawyer will mess with our profits.”

It’s not your job to care about the insurance company’s deep pockets. It’s your job to protect yourself. It’s also our job. The Florida personal injury attorney team at the LaBovick Law Group has decades of experience in personal injury law. We fight aggressively and without fear of insurance companies. Ensuring your rights are maintained and that you receive the personal injury settlement you deserve are our only priorities.

Don’t let myths hold you back. Contact our team for a consultation today!