Personal injury claims are an area of law that many people find daunting and confusing. Myths and misconceptions about these claims often lead individuals to make assumptions that may not be entirely accurate. In this article, we aim to debunk some of the most common myths surrounding personal injury claims and provide you with accurate information to help you navigate the process more confidently.
Myth 1: It’s Only Worth Bringing a Personal Injury Claim for Serious Accidents
Reality: Many believe that personal injury claims are only worthwhile for serious accidents resulting in severe injuries. In truth, most personal injury claims do not arise from catastrophic events. Even if your injuries are not severe, pursuing a claim can still be beneficial. Compensation can help you recover faster and ease the financial burden associated with medical bills and lost wages. Additionally, seemingly minor injuries can have a lasting impact on your quality of life.
Myth 2: You Must File a Claim Immediately after the Accident
Reality: While it’s generally advisable to initiate legal proceedings as soon as possible, there is no strict requirement to file a claim immediately after an accident.
Myth 3: You Don’t Need a Solicitor to Handle Your Personal Injury Claim
Reality: While it’s technically possible to pursue a personal injury claim without legal representation, it’s not recommended. Insurance companies representing the defendant may take advantage of unrepresented accident victims. Their primary goal is to minimise payouts or even deny liability altogether. An experienced personal injury solicitor can navigate the legal system effectively to maximise your compensation and protect your interests.
Myth 4: My Compensation Award Will Be Taxed
Reality: Some individuals believe that compensation from personal injury claims is subject to taxation. Any compensation you receive as part of a personal injury claim is not taxable.
Myth 5: Personal Injury Claims Always Go to Court
Reality: Contrary to popular belief, most personal injury cases do not go to court. Instead, they are resolved through settlements. Your solicitor will determine the best course of action to bring about a settlement that suits your interests.
Myth 6: You Cannot Bring a Personal Injury Claim if You Were in Some Way to Blame for the Accident
Reality: To succeed in a personal injury case, you must demonstrate that another party’s negligence was primarily responsible for the accident, even if you share some degree of blame. Your damages will be reduced proportionally based on your level of negligence or fault.
Myth 7: You’ll Lose Your Job if You Bring a Claim Against Your Employer
Reality: It’s a common concern that pursuing a personal injury claim against an employer may result in job loss. However, terminating an employee solely for pursuing such a claim is illegal. Strict employment rules govern the decision to dismiss an employee, and any termination on these grounds leaves the employer vulnerable to legal action.
Myth 8: You Can’t Bring a Personal Injury Claim if You Didn’t Seek Medical Attention
Reality: While immediate medical attention is advisable, failing to seek it does not prevent you from pursuing a personal injury claim. However, not seeking prompt medical attention may affect the strength of your claim. It’s best to have injuries documented for your peace of mind, even if they seem minor.
Myth 9: Your Compensation Will Be Determined by the Severity of Your Injuries
Reality: Although the severity of your injuries is an important factor in determining your compensation, it’s not the only one. The extent to which the injury disrupts your quality of life can be equally influential in the settlement amount.
Myth 10: Personal Injury Claims Take Forever to Resolve
Reality: Personal injury claims can vary in the time it takes for resolution. Many types of claims can be resolved in a matter of months, depending on factors such as complexity, seriousness of injuries, and the efficiency of your solicitor.
If you have questions or need guidance regarding a personal injury claim, you can consult with an experienced solicitor from the McPartland & Sons team. We can provide you with accurate information and help you pursue the compensation you deserve. Don’t let misconceptions deter you from seeking justice and rightful compensation for your injuries.