Top Myths and Misunderstandings About Personal Injury Claims

 Posted on March 14,2022 in Personal Injury Lawsuits

People who are injured by negligent motorists, defective consumer products, or hazardous property conditions may be able to bring a personal injury claim and recover damages. The injured person, or the family of a deceased person, may be able to recover reimbursement for property damage, medical bills, and lost income caused by the incident. Financial compensation for lost qualify of life, pain, and other non-financial consequences resulting from the injury may also be recoverable.

However, many people hesitate to seek compensation through an injury claim or lawsuit because they do not understand the personal injury process or how it works. Myths and misunderstandings about personal injury law also contribute to the confusion.

Myth: The Defendant Will Have to Pay Out of Pocket

Many people assume that personal injury damages will come out of the defendant’s pocket. This makes them hesitant to bring a claim if the at-fault party was a friend, family member, or neighbor. While it is possible that a defendant will have to pay out of pocket, the vast majority of personal injury damages are paid by the at-fault party’s insurer. Usually, an auto insurance company or homeowner’s company is responsible for paying personal injury claim payouts.

Myth: You Can Bring a Personal Injury Claim Any Time After the Injury

A serious injury or death in the family can turn a person’s world upside down. Many people are too busy attending medical appointments and dealing with the fallout of the accident to think about taking legal action. Unfortunately, personal injury actions are subject to the state’s statute of limitations. In Illinois, the statute of limitations for personal injury lawsuits is usually two years. It is important to contact a lawyer soon after the accident if you are interested in seeking compensation for an injury through a personal injury claim.

Myth: You Cannot Recover Compensation if You Were Partially At Fault

Some people assume that they cannot recover any compensation if they were partly at fault for an accident. For example, a motorist struck by a reckless driver may assume he or she cannot get compensation because he or she was speeding. Fortunately, Illinois law allows people to recover compensation through a personal injury claim as long as they were not more than half responsible for the incident.

Myth: You Should Take the First Offer You Receive

Insurance companies are often quick to offer a payout when someone files a claim. The insurance company hopes that the injured person will not realize the true cost of his or her damages and accept a low settlement. Often, it is better for an injured person to work with a personal injury lawyer who can negotiate a higher payout.

Contact a Waukegan Personal Injury Attorney

If you or a loved one were hurt in a car crash or other injurious accident, contact a Lake County personal injury lawyer from Salvi & Maher, LLP for help. Call 847-662-3303 for a free, no-obligation case assessment to get started.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII+Pt%2E+2&ActID=2017&ChapterID=56&SeqStart=102800000&SeqEnd=106200000