Looking at 4 Common Myths about Personal Injury Claims

Personal Injury News | April 6, 2019

Unless you have a lawyer in your family, whether a spouse or a child, the chances are slim that you like to dive into legal matters at the drop of a hat. However, once people do take part in legal matters, this action usually comes on the heels of a tragic or dangerous moment in their lives. From a deadly car accident to physical assault, lawyers handle a variety of cases with a colorful array of clients, but that doesn’t mean each issue is simple.

For example, take the matter of personal injuries. For many people, this situation can be exceptionally difficult to handle due to insurance problems or personal income. In the end, many of these victims will be concerned about whether they can afford a lawyer to begin with or can even pursue a case. Will hiring a lawyer cost too much money? Will the responsible party have to pay out-of-pocket? These questions and more, we will answer now.

Let’s take a closer look at four common myths about personal injury claims.

1. I Need a Lot of Money to Talk to and Hire a Personal Injury Lawyer

None of us can deny that different types of lawyers will charge varying rates (fee structures) and may require some clients to offer an up-front charge. However, while these terms may apply to litigations like divorce or criminal defense cases, personal injury claims are an entirely different matter.

Unlike other attorneys, personal injury lawyers do not charge by the hour. Instead, these men and women accept percentages of compensation granted to a client to accommodate punitive damages. In some instances, personal injury lawyers will receive 40% of these settlements.

2. My Insurance Will Cover the Costs Required

Although most members of the insurance industry are wonderful people who are willing to help you in any way they can, you have to remember that the bottom line is the most important directive for these companies. Let’s just say there is a good reason so many people file personal injury claims. In some cases, insurance companies only reimburse 50% towards damages.

For example, in the event of a car accident, the New York State government requires residents to file an auto liability insurance coverage, which will cover:

  • $10,000 in property damage
  • $25,000 for injuries and $50,000 for the fatality of a victim
  • $50,000 for injuries and $100,000 for more than one fatality

3. The Culprit Will Be Paying Out-of-Pocket

Looking at 4 Common Myths about Personal Injury ClaimsUnfortunately, the guilty party will face the same financial issues in a personal injury case as the victims of the accident. In many cases, the culprits will not be able to pay out-of-pocket for injuries, vehicle damage, property damage, lost wages, or additional misfortunes stemming from the incident. As explained earlier, though, the court will grant the victim punitive damages to compensate for his/her pain and suffering.

4. I Don’t Have to Talk to a Lawyer. My Injuries Aren’t That Bad.

Although we cannot predict the true nature of your situation, we can guarantee that you will face many circumstances where you exaggerate or underestimate the damages of your injury. While a sprained wrist or a few broken ribs might not appear to be debilitating injuries, you should still pursue a case on the grounds of compensation for your misfortune. For example, as reported by the CDC, ER visits can cost a staggering $3,300, while hospitalization, in general, costs can reach as high as tens of thousands of dollars.

Personal Injury Lawyer in New York  

If you or a loved one has suffered from an inconvenient and/or debilitating injury that was caused by negligence or malicious intent, you will no doubt feel terrified and potentially very angry. At the same time, though, you will be concerned about what steps you can take next. With each passing moment that your condition is left untreated, your health will start to falter.

We at Gattuso & Ciotoli have more than 50 years of combined legal experience and deliver some of the most high-quality legal services to victims of injuries in New York State. We value your perspective on your case and your goals for the future and ready to help you receive the justice you deserve.

We operate from our office in Syracuse, New York, and also have offices in the cities of Central New York, Syracuse, Watertown, Binghamton, Syracuse, North Syracuse, Camillus, Liverpool, Cortland, Auburn. For more information on our four practice areas and your case, contact us at (315) 314-8000 today.