Myths About Personal Injury Claims in Massachusetts
When you’re injured in an accident in Massachusetts that wasn’t your fault, you might be considering filing a personal injury claim for your damages and losses. However, when it comes to personal injury law, there are a lot of misconceptions that can make the process seem more confusing than it actually is. These myths can prevent people from understanding their rights or seeking the compensation they deserve.
Today, we want to debunk some of the most common myths about personal injury claims in Massachusetts. Whether you’re trying to deal with the insurance companies, determining who was at fault for your accident or wondering if hiring a personal injury lawyer is worth it, our guide should have you covered.
Myth 1: I don’t need a lawyer for a personal injury claim
Many people believe they can handle their personal injury cases on their own and don’t need an attorney. Indeed, you aren’t legally required to hire one, but going through the claims process without legal guidance can be risky. Insurance companies typically have teams of lawyers and adjusters working for them, all attempting to minimize payouts. Without an attorney by your side, you might accidentally settle for much less compensation than to which you’re actually entitled. In fact, a study by the Insurance Research Council found that people with personal injury lawyers receive settlements about 3.5 times as high as those who don’t.
Your personal injury lawyer can assess the full value of your claim, negotiate with insurance companies, and – if necessary – take your case to court. At the Law Offices of Gerald J. Noonan, we understand Massachusetts law inside and out, which can make a big difference in the outcome of your case.
Myth 2: I can’t file a claim if I was partially at fault
Massachusetts follows a modified comparative negligence rule. What this means is that you can still recover compensation for your injuries even if you were partially at fault for the accident – as long as your share of the blame doesn’t exceed 50 percent. Your compensation, however, is reduced by your percentage of fault.
For example, let’s say you’re found to be 20% at fault for a car accident and your damages total $50,000. After deducting the 20%, you’re still left with $40,000 in compensation, so don’t let the idea that you were partially at fault stop you from pursuing your claim. Our personal injury lawyers work to minimize your share of liability.
Myth 3: The insurance company is on my side
You want to believe that your insurance company is there to protect you with its friendly ads and customer service representatives. However, at the end of the day, insurance companies are still businesses focused on protecting the bottom line. This might mean offering far less than the claim is worth or denying your claim altogether. Some auto insurance carriers even proactively contact accident victims immediately following an accident in an effort to get them to accept a lowball settlement offer before they even have the opportunity to consult with a personal injury attorney. Beware of auto insurance companies who may contact you immediately after an accident. They may pressure you into accepting a quick, but low, settlement offer before you have a chance to speak with a lawyer and understand your rights. Sadly, if you accept that early settlement offer, you can’t renegotiate it later.
When you work with a personal injury lawyer, you’re leveling the playing field. Our attorneys negotiate with the insurance companies and advocate for your best interests. You should never accept the first offer you receive without first consulting with an experienced attorney, as it may be much lower than you deserve. Our lawyers can help.
Myth 4: Personal injury claims take forever to settle
It’s true that some personal injury claims take a long time to resolve, especially if they go to court. However, many others are wrapped up through settlement negotiations in a matter of months.
Having an experienced lawyer on your side can help streamline this process. We handle the paperwork, gather evidence, and push for a fair resolution as quickly as possible. Here in Massachusetts, the statute of limitations for most personal injury claims is three years, so it’s important to act quickly.
Myth 5: I’ll be awarded a huge payout
Some personal injury cases can result in significant compensation, but this isn’t always the case. The amount you’re entitled to recover depends on several factors, including the seriousness of your injuries, medical expenses, lost wages, and the emotional aftermath of the accident.
Further, Massachusetts doesn’t allow unlimited compensation. For example, in medical malpractice cases, there’s a cap of $500,000 on non-economic damages like pain and suffering. Your personal injury lawyer can help you set realistic expectations and work to secure the maximum compensation available in your specific case.
Myth 6: If I wasn’t hurt immediately, I don’t have a case
Some injuries, like whiplash or traumatic brain injuries, don’t show symptoms right away. It’s not uncommon for someone to feel fine immediately after the accident, only to experience pain or other medical issues days or even weeks later. This is why it’s so important to seek medical attention as soon as possible after an accident, even if you think you’re okay.
Delaying treatment not only worsens your injuries but can also harm your claim. Insurance companies might argue that your injuries aren’t serious or weren’t caused by the accident. Your personal injury lawyer helps connect the dots between your injuries and the accident to ensure you get the care and compensation you need.
Myth 7: It’s too expensive to file a personal injury claim
Many people are frightened off by the perceived cost of hiring a personal injury lawyer and pursuing a claim. What you might not know is that most personal injury lawyers, including at the Law Offices of Gerald J. Noonan, work on a contingency fee basis. This means you don’t have to pay anything upfront, and we only get paid if you win your case. Generally, our fee is a percentage of your settlement or award.
This arrangement gives anyone – regardless of their financial situation – access to high-quality legal representation. Further, having a lawyer on your side often results in a larger payout, making it well worth any investment.
Myth 8: You can file a claim anytime
As we stated earlier, the statute of limitations for personal injury claims in Massachusetts is generally three years from the date of the accident. If you miss this deadline, you can lose your right to recover compensation for your injuries and losses. There are certain exceptions to this deadline, like if the injured person is a minor or the injury wasn’t discovered right away.
It’s best to consult with a personal injury lawyer as soon as possible after your accident to avoid any issues with timing. Our personal injury attorneys can work to properly file your paperwork within all legal deadlines.
If you’ve been injured in Massachusetts, don’t let these myths hold you back from seeking the compensation you deserve. At the Law Offices of Gerald J. Noonan, our experienced personal injury lawyers are here to guide you every step of the way. We’re here to fight for your rights and work tirelessly to get you the best possible outcome. Contact us today for a free consultation — we’re here to help. Call our offices or fill out our contact form to get started.