Personal Injury Myths vs. Facts

Personal injury law is arguably one of the most misunderstood areas of law. Driven in part by context-light media coverage of seemingly shocking lawsuits and in part by exaggerated claims by politicians advocating for tort reform, a significant portion of the public is misinformed about the true nature of personal injury law. And that is an unfortunate state of affairs, as misunderstandings may discourage meritorious claims by plaintiffs who truly deserve compensation for their injuries. The best place to get the facts about personal injury law — as we explain below — is from a Tifton personal injury lawyer. 

Myth: I Can’t Recover Anything if I Was Partially at Fault 

This is not an unreasonable assumption. After all, it makes sense to many that a person who was partially at fault for their injuries may not be able to hold someone else responsible. However, as with all legal issues, one should never assume. Georgia follows the comparative negligence doctrine, which holds that an injured plaintiff may recover damages from an at-fault defendant so long as the plaintiff was less than 50% at fault for the accident. An injured plaintiff is only barred from recovery if they were 50% or more at fault. However, a partially at-fault plaintiff’s damages will be reduced by the percentage for which they were at fault. So, for example, if a jury finds that a plaintiff in a motor vehicle accident is entitled to $40,000 in damages but is found to be 20% at fault for the accident, the plaintiff’s recovery will be capped at $32,000. 

Myth: I Can File a Claim at Any Time 

It’s not uncommon for accident victims to want to take their time to think about whether they want to pursue a personal injury claim. But time is precious when it comes to personal injury claims. Generally, the statute of limitations for personal injury actions in Georgia is two years from the date of right of action accrues. For most personal injury claims (e.g., car accidents), that is the date of the accident. While there are a few circumstances under which the statute of limitations can be delayed, potential plaintiffs generally should file their claims as soon as possible to maintain the freshness of their evidence. For more information about statutes of limitations, including when they can be delayed, please contact a Tifton personal injury lawyer. 

Myth: I’ll Have to Make Court Appearances

Very few personal injury plaintiffs want to go through the ordeal of a trial, and the good news is that very few of them ever do. The vast majority of personal injury cases settle out of court before any of the parties see the inside of a courtroom. Trials can be expensive and protracted affairs, and most defendants and their insurance companies would much prefer to settle than to have to undergo the cost and unpredictability of a trial. 

Myth: The Insurance Company Will Treat Me Fairly 

Many potential plaintiffs believe insurance companies will treat them fairly and offer a reasonable settlement. But the truth is that insurance companies want to pay out as little as possible and typically will go to great lengths to deny coverage or offer lowball settlements. This is particularly true for insurance claimants who are not represented by attorneys, as insurance companies wager that the claimant does not know the full value of their claim and/or will not fight for a higher settlement offer. If you’ve suffered an injury due to someone else’s negligence, don’t assume that your insurer is on your side; contact a Tifton personal injury lawyer instead. 

Myth: I Can Only Recover if My Injuries Were Physical 

It’s true that most personal injury claims stem from physical injuries (e.g., breaking a bone in a slip and fall accident). But physical injuries often lead to other types of injuries, such as pain and suffering, and the law allows for recovery of those damages as well. In some cases, such as with intentional infliction of emotional distress claims, the law allows for recovery for entirely non-physical injuries. The theory behind compensatory damages is that they are designed to fully compensate the injured plaintiff, and that includes both physical injuries and emotional injuries. 

Myth: It’s Not Worth Pursuing a Claim if My Injuries Are Minor

Not all personal injuries are serious or catastrophic — at least not initially. But many types of accidents, such as car and truck accidents, can create latent injuries that do not manifest for months or even years down the road. So what appears at first to be a minor case of whiplash could snowball into a much more serious injury. That’s why you should at least speak to a Tifton personal injury lawyer before you decide to forego a personal injury claim. 

Myth: I Can’t Sue if I Signed a Liability Waiver 

Liability waivers — i.e., agreements not to sue in the event of an injury — are increasingly common, especially in recreational and sporting activities. And while Georgia courts typically enforce liability waivers according to their terms, they construe those terms narrowly and generally resolve ambiguity in favor of the party against whom the waiver is being enforced. Therefore, do not assume that you can’t pursue a personal injury claim just because you signed a liability waiver. 

Myth: Most Personal Injury Claims Are Frivolous 

One of the most common (and least true) myths about personal injury law is that most claims are frivolous. The truth is that Georgia law places a heavy burden on plaintiffs to prove their cases, requiring them to show all four elements of negligence. Failure to show even one of those elements will result in a loss. As such, the vast majority of personal injury plaintiffs only file suit if they reasonably believe they can meet that high bar. 

Get the Real Facts From a Tifton Personal Injury Lawyer 

If you’ve suffered an injury you believe was due to someone else’s negligence, don’t rely merely on what you’ve heard when deciding whether to pursue a claim. Instead, get the real facts from a Tifton personal injury lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.