Personal Injury Lawsuits: What Are Some of the Biggest Myths?

Personal injury lawsuit form and judge's gavel

When our Canton personal injury lawyers first meet with a new client, they hear all sorts of questions. So many people believe everything they see on television or read online. You’d be surprised at how many myths are floating around when it comes to personal injury lawsuits.

Myth 1. You’ll Have to Go Before a Judge and Jury in Court

A lot of people naturally assume that, at some point, they’ll have to go before a judge. They envision their personal injury attorney in Canton arguing their case before a judge and jury.

Not only is this far from the truth, but rumors like this can hurt people who have a valid claim for damages. When they hear things like this, they get afraid and end up walking away without fighting for the money they deserve.

More Than 90% of All Personal Injury Lawsuits Are Settled Long Before Trial

Even if some people do end up having to go before a judge, it hardly ever happens. This is because more than 95% of all personal injury lawsuits settle long before trial.

There are many reasons why your Canton personal injury lawyer would want to settle your personal injury lawsuit. The important takeaway here is that there is a good chance you’ll never see the inside of a courtroom.

Myth 2. If Your Canton Personal Injury Lawyer Sues, You’re Guaranteed Damages

A lot of our clients assume that, just because they sue someone, they’re guaranteed damages. Nothing could be further from the truth. Now, that doesn’t mean that our personal injury attorneys in Canton don’t get our clients the money they deserve.

What it means is that our lawyers are very selective about the clients they take on. If we don’t think a client has a good chance of recovering damages, we let them know.

If they insist on pursuing the defendant, we have to make an executive decision. If we don’t think it’s a good idea to pursue the claim, we would respectfully decline to represent the individual.

If Your Personal Injury Attorney in Canton Can’t Prove Fault, You Get Nothing

What all potential plaintiffs need to remember is that they need to prove fault to collect damages. What this means for your Canton personal injury lawyer is that they need to prove negligence.

To do this, your lawyer must prove four (4) things.

  • The defendant owed you a duty of care.
  • They breached this duty.
  • You were injured or suffered a financial loss.
  • Your injuries were directly caused by the defendant’s breach of duty.

Myth 3. All Personal Injury Plaintiffs Are Just Looking for a Payout

This may sound cold, but a lot of people believe that all personal injury lawsuit plaintiffs are greedy. They just assume that the only thing you care about is money. While it is true that your goal is to collect damages, that doesn’t make you a bad person.

If someone hurt you and you accrued medical bills or lost income, you should be compensated. After all, that’s why we have personal injury laws in the first place.

Man with a broken leg who needs a personal injury lawyer

Myth 4. Any Kind of Attorney Can Help with Your Personal Injury Lawsuit

This may be the worst myth of all. People tend to think that, just because someone graduated from law school, they can handle their personal injury lawsuit. In reality, our personal injury attorneys in Canton specialize in personal injury for a reason.

Our lawyers have spent years, even decades, learning and practicing our craft. You wouldn’t want to hire a divorce lawyer to handle your personal injury lawsuit. That’s like hiring a plumber to repair your roof.

Myth 5. You Can’t Sue if You Were Partially at Fault

Every now and then, our Canton personal injury lawyers meet with someone who is reluctant to sue. They are afraid that they’ll lose simply because they may have been partially at fault.

The good news is that, in Georgia, you can still collect damages even if you were partly responsible for your accident. According to OCGA §51-11-7, a plaintiff can sue for damages even if they’re partly at fault. However, their damages will be reduced by their percentage of fault.

Myth 6. If You Hold Out and Go to Trial, You’ll Walk Away with More Money

Our personal injury attorneys in Canton understand why some people would think this. Sometimes, calling the insurance company’s bluff is a good idea. It may motivate them to pay your claim rather than deny it.

At some point during your personal injury lawsuit, your Canton personal injury lawyer will try to negotiate a settlement. If you refuse to settle because you think you’ll get more money later on, it could be a big mistake.

If you wait too long to settle or insist on going to trial, you may walk away with nothing. No matter how strong you think your case is, there’s no way of knowing what will happen at trial.

If the judge finds for the defendant, you receive nothing. Once this happens, there’s no way the insurance company or the defendant’s attorney will even consider settling the case.

Talk to an Experienced Personal Injury Attorney in Canton!

If you aren’t sure whether you should sue somebody for damages, don’t worry. All you have to do is call and talk to one of our skilled Canton personal injury lawyers. Sit down with one of our attorneys and find out if you have a valid claim.

If we don’t think you have a chance of recovering damages, we’ll let you know. Our personal injury attorneys in Canton are honest and upfront with our clients. If we don’t think you have a valid case, we will tell you. At the same time, if we believe your claim has merit, we’ll let you know that too.

Since we offer all new clients a free, initial consultation, you have nothing to lose. Call and pick a date and time that works for you. Nobody wants to waste time filing a frivolous personal injury lawsuit. But you also have a right to protect yourself and your legal rights.

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