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Personal Injury

Common Misconceptions About Personal Injury Law

January 20, 2014 | Michael Barasch

If you suffer injury in an accident, after receiving medical attention, you may want to file a personal injury lawsuit. However, what you may have seen on TV and in the movies or heard from friends and family may not be the best advice to follow. Accident and injury law cases can range from simple and straightforward to immensely complex. Before you file a lawsuit for compensation, make sure you are aware of the following common misconceptions about personal injury law:

  • You’re guaranteed a settlement — Many people think that filing a personal injury lawsuit means automatic compensation — it doesn’t. The extent of your injuries and whether the defendant acted negligently determine if you are entitled to receive compensation and, if so, how much. Also, depending on the circumstances of your case, it may be settled out of court or it may go to trial.
  • The law provides you unlimited time to take action — If you’ve been injured, speak with a lawyer now. You don’t have unlimited time to file a claim. In NY, according to the statute of limitations, you only have three years from the date of your injury to take action.
  • Your case goes to trial — Most personal injury cases are settled out of court. That being said, the unique facts of your case ultimately determine how your situation is resolved.

Another common myth about injury law is that you don’t need a lawyer — you do. With an experienced attorney by your side, you greatly increase your chances of obtaining a fair settlement. And since most personal injury attorneys operate on a contingency fee basis and offer free consultations, you have nothing to lose.

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