5 Common Personal Injury Myths Debunked for New Yorkers

Personal injury law is not only complex but also often shrouded in misconceptions. This creates confusion and frustration, discouraging some victims from pursuing the compensation they deserve.

At Catalano Law, we’re committed to debunking these myths. We provide factual information to those seeking legal guidance following an accident, empowering you to understand your rights and pursue fair compensation.

Common Myths

Misunderstandings regarding personal injury cases frequently revolve around legal proceedings, compensation, attorney fees, and the involvement of insurance companies.

Here are five common myths and the reality for most personal injury claims.

Myth 1: Personal Injury Cases Always Drag On for Years

Reality: Some personal injury cases can be complex and take time, but many are settled before trial. According to the Bureau of Justice Statistics, approximately 75% of tort trials, including personal injury cases, are resolved or voluntarily dismissed before reaching court.

This is often due to the work of skilled lawyers who know how to negotiate effectively and manage cases efficiently. A good lawyer can speed up the process and work toward a resolution in your best interest, helping you receive fair compensation for your injuries and losses within months rather than years.

Myth 2: Minor Injuries Aren’t Worth the Legal Trouble

Reality: The reality is that even minor injuries can warrant legal action and a personal injury claim. Here are a few reasons why:

• Cumulative Costs: While the initial medical expenses of a minor injury might seem manageable, they can accumulate over time, especially if the injury leads to chronic pain, requires ongoing treatment, or necessitates future medical care.

• Hidden Complications: Some injuries that appear minor initially can lead to more severe complications. What starts as a minor issue might develop into a more serious condition, leading to higher medical bills and more impact on your life.

• Diminished Quality of Life: Even minor injuries can disrupt daily life, causing pain, discomfort, or temporary disability. They can affect your ability to work, perform daily activities, or enjoy hobbies.

• Your Legal Rights: If the injury was due to someone else’s negligence, you can seek fair compensation for your medical expenses, lost wages, and pain and suffering, regardless of the injury’s severity.

Myth 3: If You’re Still Working, You Can’t Claim Much

Reality: In New York, personal injury compensation encompasses much more than just reimbursement for lost wages. It’s a common misconception that you don’t have a sufficient claim if you haven’t missed work or lost income.

The legal system recognizes a variety of damages that an injured person can recover, including:

• Medical Expenses: This includes all costs associated with medical treatment resulting from the injury—hospital bills, medication, physical therapy, and any ongoing medical care required. It’s not just about the bills you’ve already paid; it also covers anticipated future medical expenses related to the injury.

• Pain and Suffering: This is compensation for the physical pain and emotional distress suffered due to the injury. Pain and suffering are subjective and vary from case to case, but they are a part of many personal injury claims. They acknowledge that the impact of an injury is not just financial but physical and emotional.

• Loss of Enjoyment of Life: If your injury prevents you from enjoying daily activities and hobbies that you once engaged in, you may be compensated for that loss. This recognizes that quality of life, not just economic productivity, is valuable and deserves protection.

• Loss of Consortium: In severe cases, injuries might affect your relationship with your spouse or partner. Loss of consortium damages compensates for the loss of companionship and affection impacted by the injury.

• Future Earnings and Opportunities: Even if you haven’t lost income immediately following your injury, you can claim compensation if it’s likely to impact your future earning capacity. This might be the case if the injury leads to chronic conditions or permanent disability affecting your ability to work or advance in your career.

Myth 4: Insurance Companies Offer Fair Settlements

Reality: The reality is that insurance companies do not typically offer fair settlements out of goodwill. They are businesses primarily concerned with profitability, so they often try to minimize the amount paid out on claims. Insurance companies may engage in the following behaviors during a personal injury case:

• Unfair Initial Offers: Often, the first settlement offer from an insurance company is not their best offer. It might be a tactic to see if you will accept a lower amount quickly, saving the company money.

• Claim Disputes: Insurance companies may dispute the validity of the claim or the severity of your injuries to reduce their payout. They might require extensive documentation and evidence, hoping you will settle for less due to the hassle or out of desperation.

• Negotiation Tactics: Adjusters are trained negotiators working on behalf of the insurance company. They use tactics to devalue claims, including downplaying injuries, suggesting that treatment was unnecessary, or arguing that you were at fault.

Myth 5: Attorney Fees Are Too High, Eating Up Your Compensation

Reality: The reality is that attorney fees don’t consume an unfair portion of your settlement. Here’s how attorney fees work and why they might not be as prohibitive as commonly thought:

• Contingency Fees: Attorneys handling personal injury cases frequently use a contingency fee structure, ensuring they are compensated only upon successful case outcomes. The fee is usually a percentage of the compensation awarded, typically around 30% to 40% of the total settlement in New York.

• No Upfront Costs: Because fees are contingent upon winning, clients generally do not pay anything upfront. This arrangement makes legal representation accessible to those who might not be able to afford it otherwise.

• Increase in Compensation: While paying a portion of your compensation to your attorney might seem like a loss, having an attorney often leads to a higher settlement than what individuals might negotiate on their own. This can more than offset the cost of attorney fees, resulting in more net compensation.

Work With an Attorney You Can Trust

Misconceptions about personal injury can deter people from pursuing the compensation they are entitled to. But a skilled personal injury lawyer combats unhelpful myths through education, advocacy, client empowerment, and personalized handling of each case. When you have a realistic outlook on your case, you can make a more informed decision about obtaining legal representation.

Contact our New York personal injury lawyers at Catalano Law to represent your personal injury claim. Schedule a free consultation to discuss your case and learn more about your legal rights and options after an accident.