There are several misconceptions about personal injury lawsuits. Our Waldorf personal injury attorney believes it to be important to dispel those myths.
Myth 1: Personal injury lawsuits clog up the courts.
FACT: Courts have seen a decline in filed personal injury lawsuits. According to the National Center for State Courts, between 1999 and 2008, tort cases, which include personal injury cases, declined by 25%.
Myth 2: I can file my personal injury lawsuit any time.
FACT: There is a time limit, called Statute of Limitations (SoL), for when you can file your suit before your claim is extinguished. If you fail to file within the SoL, then your claim ceases to exist. For example, in Maryland most personal injury claims have a SoL of three years. If you were rear-ended, and your injuries were caused by the car accident, but you failed to file your suit within three years from the date of the accident, you cannot file suit against the other party.
Myth 3: Winning a personal injury case means easy money.
FACT: The purpose of personal injury cases is to place you back to where you were prior to the accident. This generally means that successful plaintiffs may receive compensation for:
- Economic losses (e.g. loss of income, medical expenses)
- Non-economic losses (e.g. loss of consortium)
Your compensation depends on the severity of your injuries. The less severe your injuries, the less compensation you receive. The more severe injuries receive higher compensation.
Myth 4: Personal injury lawsuits take “forever.”
FACT: Most personal injury lawsuits resolve within a year they are filed. Depending on the strength of the plaintiff’s case and the seriousness of the injuries, defendants often want to settle the case prior to trial. Cases can, however, take longer, depending on the complexity of the facts and legal issues involved.
Myth 5: I’m guaranteed to win.
FACT: There are no guarantees you will be successful. Some cases are dismissed for technicalities, such as expiration of the SoL. In other cases, the jury may find the defendant was not negligent or found you were also at fault. Under Maryland’s contributory negligence law, if you were even 1% at fault, you are barred from recovery.
Contact a Waldorf Personal Injury Attorney
If you believe you have a personal injury claim, seek assistance from a Waldorf personal injury attorney with the Law Office of Carroll Drake, LC at (301) 638-1280.