Common Myths About Personal Injury Settlements

And Personal Injury Lawyers.

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Some Common Myths and Misbeliefs About Personal Injury Settlements

There are many myths and misbeliefs about personal injury lawyers, and settlements, that are false and exaggerated. They’re perpetuated by insurance companies, prejudiced media and uninformed gossipers. Some accident victims believe them, and don’t even consult with any kind of an attorney at the time when the advice and counsel of an experienced and respected personal injury is needed the most. Just remember that if you attempt to represent yourself in a personal injury claim, the opposing insurance company has you right where it wants you. It’s going to do whatever it can to try and devalue or even deny your claim. Here are some of those common myths and misbeliefs.

The Biggest Myth: A Lawyer Will Take Most of the Insurance Money

take money from settlement

Nearly all personal injury cases are taken by lawyers on a contingency fee basis pursuant to a written fee agreement. If the lawyer that you retain obtains a settlement or award on your behalf, he or she is paid a flat fee percentage of that amount. If he or she fails to obtain a settlement or award, that lawyer isn’t entitled to any legal fees at all. Contingency fee agreements motivate lawyers. The higher that the settlement or award that they obtain for you, the more money they earn, and the higher your net proceeds are.

The Biggest Misbelief: I’m Entitled to a Settlement Because the Other Party Was Negligent

Deserve Money

Insurance companies have large staffs of talented insurance defense lawyers. A variety of defenses to what might appear to you to be a clear liability case might be available. Even the damages that you claim can be called into question. For example, if you missed any medical or therapy appointments, the severity of your injuries is likely to be called into question.

The Biggest Truth: You Can Settle Your Personal Injury Claim on Your Own

Settle insurance by yourself

Sure, you can settle a personal injury claim on your own. When that adjuster for the opposing insurance company receives your signed and witnessed release of claims and issues the settlement check, he or she will be smirking. It’s that adjuster’s job to save the insurer money That adjuster took control of the claim and saved the insurer a large sum of cash. One study by the Insurance Research Council concluded that final payouts were 3-5 times higher when an attorney was involved in the case.

The Biggest Lie: We’re Not Paying a Penny on Your Claim Without a Recorded Statement from You


When an insurance adjuster learns that an accident victim is not represented by an attorney, that adjuster will want a recorded statement from the victim. No lawyer who is acting in their client’s best interests would permit this, especially because the adjuster already knows what happened in the accident. They have a copy of the police accident report in front of them when they’re making that phone call. The purpose of obtaining that statement is to use your own words against you in the future in an effort to attack your credibility. The law doesn’t require you to give any such statement to an insurance company. If the adjuster threatens to close your claim file without a statement from you, let him or her close it. That doesn’t mean the end of anything. An experienced personal injury lawyer knows how to have that file opened again within minutes after you’ve retained them.

Don’t believe what the insurance industry, prejudiced media outlets or uninformed gossipers with no personal experience at all tell you about personal injury lawyers. There are dedicated and respected personal injury lawyers who want to maximize any settlement or award that you might receive. Nearly all of them offer free consultations and case evaluations. Visit with one of them about your accident or injury as soon as you can.

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