Personal injury claims can be complex, and unfortunately, many myths and misconceptions can prevent injured individuals from seeking the compensation they deserve. If you or a loved one has suffered an injury due to someone else’s negligence in Wisconsin, it is crucial to separate fact from fiction. In this blog, we’ll debunk some of the most common personal injury claim myths to help you better understand your legal rights.
Myth 1: You Can File a Personal Injury Claim Anytime
One misconception is that you can file a personal injury claim at any time. Wisconsin has a statute of limitations that limits the time you have to take legal action. For most Wisconsin personal injury cases, you must file a claim within three years from the date of the accident. If you fail to file within this timeframe, you may lose your right to seek compensation. However, every case is unique, and different circumstances can shorten or lengthen the statute of limitations significantly. It is important to consult with an experienced personal injury lawyer to protect your right to pursue the claim. Our personal injury attorneys offer free consults, so it is no risk to call them, and call them early on.
Myth 2: You Don’t Need a Lawyer for a Personal Injury Claim
While it is technically possible to handle a personal injury claim on your own, it is not advisable. Insurance companies have experienced adjusters and legal teams working to minimize payouts. Without an attorney, you may end up settling for far less than you deserve. An experienced Wisconsin personal injury lawyer can protect your rights, negotiate with insurers, and help maximize your compensation.
Myth 3: Personal Injury Claims Always End Up in Court
Many people assume that filing a personal injury claim means they will have to go to trial. However, the vast majority of personal injury cases are settled outside of court through negotiations. A skilled attorney can often secure a fair settlement without the need for a lengthy and stressful courtroom battle.
Myth 4: If You Were Partially at Fault, You Can’t Recover Compensation
Wisconsin follows a comparative negligence rule, which means that even if you were partially responsible for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault for an accident and your total damages were $100,000, you would still be eligible to receive $80,000. Comparative negligence is complex. If the insurance company is telling you you are partially at fault for an accident, you should consult with a personal injury attorney who can analyze the risk that you will be found contributorily negligence for your injuries by a jury.
Myth 5: Minor Injuries Don’t Warrant a Claim
Some people believe that if their injuries are not severe, they should not bother filing a claim. However, even seemingly minor injuries can lead to significant medical expenses, lost wages, and long-term complications. Additionally, some injuries take time to fully manifest. Seeking medical attention and consulting with a personal injury lawyer can help you determine whether you have a valid claim, and the full value of your claim.
Myth 6: Insurance Companies Will Offer a Fair Settlement
It is a common misconception that insurance companies are on your side and will offer a fair settlement. In reality, insurance companies are businesses focused on minimizing their payouts. Initial settlement offers are often much lower than what you may be entitled to. Having a lawyer on your side ensures that you are not taken advantage of and that you receive the compensation you deserve. People who retain lawyers on their injury claims generally obtain much, much more compensation than those who represent themselves.
Myth 7: Personal Injury Claims Are Only for Car Accidents
While car accidents are a common cause of personal injury claims, they are not the only reason people file lawsuits. Personal injury law covers a wide range of incidents, including slip and fall accidents, medical malpractice, defective products, workplace injuries, and dog bites. If you were injured due to someone else’s negligence, you may have a valid claim regardless of how the accident occurred.
Final Thoughts
If you’ve been injured in Wisconsin due to someone else’s negligence, don’t let these common myths prevent you from seeking justice. A personal injury claim can help you recover compensation for medical bills, lost wages, pain and suffering, and other damages.
The best way to ensure you are making informed decisions is to consult with a qualified personal injury attorney. They can evaluate your case, explain your rights, and guide you through the legal process. Don’t hesitate to seek the compensation you deserve!
If you have questions about a potential personal injury case in Wisconsin, contact the experienced attorneys at Doar, Drill & Skow today for a free personal injury consultation.