Myths About Personal Injury Cases

Monday, March 7, 2016

Myths About Personal Injury Cases

Written by Malman Law, reviewed by Steve J. Malman.

Personal injury cases are one of the more highly misrepresented aspects of the law – and there are tons of myths out there. While some of these myths steer injured victims away from filing their settlements, other myths give individuals false impressions about the process. Regardless of which myths you have heard, it is important that we dispel those myths now so that you can understand the true goal and focus of tort law.

Common Myths vs. the Truth

  1. Personal Injury Cases are Easy Money. Plenty of clients will assume that a personal injury claim is the faster way to extra cash, but that is not how these claims work. The money you receive is based on your legitimate injuries – and you will have to prove such injuries in court. Your compensated damages also are limited to specific losses, such as medical costs, lost wages, and pain and suffering.
  2. You Can Wait to File Your Personal Injury Claim – There is a statute of limitations on personal injury claims, which means that the state limits how long you have to file your lawsuit. If you file after such time expires, you cannot collect, even if you have a legitimate case.
  3. The At-Fault Driver’s Insurance Company Will Pay for My Medical Costs as They Happen. Insurance companies will not pay for costs as they occur until a final settlement has been agreed upon. In fact, they are not required to pay you anything until the court actually enters a judgment against them and they are forced to pay.
  4. I am a Plaintiff, so I’m Guaranteed a Settlement. Just because you are a plaintiff in a personal injury case does not mean you will win a settlement. The settlements and success of cases are based on the unique circumstances of the claim and plaintiff.
  5. My Case Will Take Too Long – Most personal injury cases will be resolved in 8 to 12 months. While this is much longer than accident victims anticipate, this is simply a range. Your personal injury attorney can give you a more reasonable estimate as to how long your claim will take, based on the circumstances.
  6. I Don’t Need a Lawyer – This is the biggest mistake most plaintiffs make. They assume that all personal injury claims do not need legal representation, but you want to ensure that you get the compensation entitled to you. If you attempt to resolve your own lawsuit, you:
  • May receive a much lower settlement from the insurance company,
  • Could commit critical errors that delay your suit, or
  • Could file incorrectly and the suit may be thrown out by the courts.

Contact an Experienced Chicago Personal Injury Lawyer

If you have been involved in an accident and you are considering filing a personal injury claim, contact an experienced Chicago personal injury attorney first. Our team at Malman Law is here to teach you the truth about personal injury law and what to expect from your own personal settlement. Contact us today for a free consultation at 888-247-2160 or fill out our online contact form with your questions.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

What’s your case worth? Submit for a free case review


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

Related Blog Posts

view all news