5 Myths About Personal Injury Claims in Elko, NV
Myths about personal injury claims include having to go to court for every claim and the claims being only for physical injuries. In fact, most personal injury claims settle outside of court, and claims can cover a wide range of damages, not just physical injuries. Dispelling these myths and others is important for people in Elko, NV, so they can make informed decisions about their next steps.
Myths should never keep you from pursuing the compensation you need. Call Bradshaw Law at 775-738-7444 today for clarity on your case.
Table of Contents
1. Myth: You Have to Go to Court for Every Personal Injury Claim
The inside of a courtroom is what comes to mind for many people when they think of personal injury claims. However, the majority of personal injury cases resolve outside the courtroom. This often happens through direct negotiation or alternative dispute resolution methods, such as mediation or arbitration.
The Fact Behind the Myth: Alternative Dispute Resolution Is Popular
Few people prefer when personal injury cases to last until the end of a trial. The reasons for this include uncertainty over a jury’s verdict and the time and stress involved. Trials can be hard emotionally for plaintiffs, especially if they have to talk about traumatic experiences and go through cross-examination. A trial can prolong a plaintiff’s ability to heal mentally, emotionally, and physically.
Settling out of court often leads to a faster resolution and gives the parties more control over the outcome. They can negotiate a settlement amount that feels fair.
Alternative dispute resolution in a personal injury claim is a popular approach to settling out of court. ADR options include mediation and arbitration. Mediation lets the parties work with a neutral third party to discuss the case and reach an agreement on compensation. In arbitration, an arbitrator makes a binding decision based on the evidence the sides present. These approaches can save months or years compared to trials.
The Importance of Options for Settling Out of Court
People may feel anxious about filing personal injury claims. Knowing that court is not necessary can lessen anxiety over the stress and complexity of a trial. Meanwhile, plaintiffs can still receive fair compensation.
A skilled attorney should know how to handle a personal injury case from start to finish with minimal court involvement. When you are deciding which attorney to work with, ask about his or her strategies for resolving claims quickly, efficiently, and outside of court.
2. Myth: Personal Injury Claims Are Only for Physical Injuries
Among the myths about personal injury claims is that they are limited to broken bones, soft tissue damage, burns, and other physical injuries. It is true that physical injuries form the basis of many claims, but the broader truth is that personal injury law covers a range of damages.
The Fact Behind the Myth: Physical, Emotional, and Financial Damages Are Common
Personal injury claims can address emotional and psychological injuries, as well as financial losses. A person in a car accident might develop post-traumatic stress disorder. It can be as impairing as a physical injury. Financial damages are common, too. People often lose income and may not be able to return to work.
The Importance of a Broad Range of Damages
Most personal injury claims include emotional and financial harm. Insurance companies and courts recognize these damages as legitimate. Ignoring them can mean not getting compensation that could be necessary for a full recovery. Asking for the full scope of compensable damages also strengthens claims. Your personal injury attorney should be able to identify all your damages.
3. Myth: Personal Injury Claims Are Always Settled Quickly
Misunderstandings in personal injury law are common and often contradictory. For instance, myths about personal injury claims include both a myth about most claims going to trials that grind on and on, and a myth that personal injury claims resolve quickly. The reality typically falls between these two extremes.
The timeline for settling depends on how complex the case is. For instance, major contributing factors to car accident fatalities in Nevada include driver impairment and speeding, but much more can be at play. About 63% of pedestrian fatalities occur when there is no crosswalk, so a case involving pedestrians and multiple vehicles can drag on.
Other considerations for the timeline include how severe the injuries are and how willing the parties are to negotiate.
The Fact Behind the Myth: Give the Process Some Time
A personal injury claim in Elko may take a few months to a few years to resolve. Sometimes, plaintiffs have severe injuries and need to reach maximum medical improvement before a realistic assessment can occur of the total extent of their damages. This may delay settlement but helps with fair compensation based on long-term medical needs and the possibility of recovery.
This myth may have arisen in part due to insurers making quick offers to entice people to settle. These offers are often unfairly low and made before the full scope of damages is apparent. However, claimants are sometimes quick to accept the offers to get money sooner, or they do not realize just how much compensation for which they could be eligible.
At the same time, insurers are known for using delaying tactics to pressure claimants into accepting lower offers. The insurance company may say a claimant never turned in paperwork he or she did, and use other tricks to prolong negotiations and motivate a frustrated claimant into settling prematurely. This does happen, showing that while myths about personal injury claims can be harmful, some have roots in truth.
The Importance of Understanding Timelines
Understanding case timelines helps people manage their expectations and be patient. Rushing a claim can mean accepting a lower settlement that inadequately covers damages. Your attorney will advise you on possible steps to get fair compensation and not settle too early. This is even more important for people with severe or extensive injuries. Being patient can mean getting the compensation needed to cover lost earning capacity and future medical expenses.
4. Myth: A Personal Injury Attorney Costs Too Much
Some people in Elko think that working with an attorney for a personal injury claim is too expensive. They might prefer to take the risk of representing themselves, even if it means less money. The truth is that contingency fees make legal representation accessible.
The Fact Behind the Myth: Attorneys Get Paid Only if the Client Gets Compensation
Most personal injury attorneys work on a contingency fee basis, getting compensation only if their clients settle or prevail at trial. In other words, injured people or their families can hire attorneys without upfront costs. This gives anyone access to legal representation, regardless of their financial situation. Contingency also motivates attorneys to work hard and pursue fair compensation, since their fees usually are a percentage of the settlement or award.
The Importance of Understanding Accessible Legal Representation
The dangers of not hiring a personal injury lawyer include getting lower compensation due to not understanding the full valuation of the claim, limited negotiation experience, and knowledge of the law. Attorneys also understand the tactics insurance companies use to lower payouts.
5. Myth: Minor Injuries Do Not Justify a Claim in Elko
Many people think their injuries are not severe enough to justify filing a claim, or that no one will take their injuries seriously. However, Nevada law lets people seek compensation for minor injuries, and doing so is often worthwhile.
The Fact Behind the Myth:Compensation Is Possible for Minor Injuries
What does “minor” mean? The word is subjective. One person’s minor could be another person’s major. Also, a minor injury today could lead to a major medical condition months or years later. Talking with an attorney can give you more insight into whether your injuries truly are minor.
That said, even minor injuries can result in lost income and financial burdens. Take a “minor” sprain or whiplash. Either may lead to expensive physical therapy and time off work. Document these expenses and your symptoms to strengthen your claim for compensation.
The Importance of Seeking Compensation
If people think a minor injury is not worth a claim, they could leave necessary compensation on the table. They also might not seek immediate medical attention or follow up on medical appointments. Doing so is important because the link between the accident and the injuries should be as clear as possible.
Meanwhile, the purpose of a personal injury claim is to make a person “whole” again. The process includes covering any financial or physical toll, regardless of how severe an injury is at first.
You do not have to ignore your legal rights in personal injury claims, and representation can help you fully substantiate a claim. Contact us at Bradshaw Law today to talk about your case.
