6 Common Personal Injury Case Myths: What You Should Know

If you or a loved one have suffered a permanent or catastrophic personal injury or death, due to someone else’s negligence, your focus should be on your recovery, not filing a lawsuit.

However, if you or a loved one has been injured due to someone else’s negligence, it’s wise to contact a personal injury law firm, so you will know your options. At Maples, Nix, & Diesselhorst, our proven, experienced team is dedicated to helping you get the justice you deserve.

There are several myths surrounding personal injury cases that could affect your decision.

This blog will unpack six of the most common personal injury case myths.  

Personal injury cases take years to resolve.

It is difficult to predict how long it will take to resolve a personal injury case due to the many variables of each case. 

Many people assume that the courts are overloaded with personal injury cases to handle which is why it takes so long. However, this is not the case. According to the National Center for State Courts, personal injury cases have declined by 25% since 1999, and only 7% of civil cases are torts.

Tort law includes all negligence cases such as medical malpractice, auto collisions, birth injuries, nursing home negligence, and more.

The responsible party will pay out of pocket to cover any expenses.

Sometimes people who have suffered a personal injury due to someone else’s negligence avoid filing a personal injury claim because they don’t understand how the system works, and they don’t understand, if successful, who will be responsible for paying the verdict or settlement.

Many times we won’t know who the responsible party is until the matter has been investigated.  This is just one of the many reasons why it is important to reach out to a knowledgeable, successful personal injury firm whenever you or a loved one has sustained a permanent or catastrophic personal injury or death due to the negligence of another.

You can take your time to file for a personal injury case.

When you or a loved one has suffered a catastrophic, permanent personal injury or death, your days are filled with healing and grieving processes, meanwhile, the statute of limitations clock is ticking away.

  Statute of limitations is the law that governs the length of time available for the plaintiff (the injured party) to file a claim against the defendant (the party who caused the injury) to preserve your rights.  

The period of time that you have to file for a lawsuit depends on the type of case and your specific situation, which is why it is best to contact a personal injury attorney to determine your next legal steps.

Typically, the statute of limitations is two years from the date of incidence, but there are other rules that might be applicable that would shorten the statute of limitations to one year.

At Maples, Nix & Diesselhorst, we recommend that you seek legal counsel immediately to preserve any and all claims you might have. If you are unsure if you have a case, contact MND for a free consultation.

If you are going to receive compensation, you have to go to court.

This statement is not necessarily true.

Whenever you contact a litigation firm to protect your rights and to fight for justice, there is always a possibility that you will have to have a jury trial to get a good result.

At Maples, Nix & Diesselhorst we start every case with the end in mind. From the very beginning, each case is started by assuming that we will be presenting your case to a jury. This means that we will contact experts to review the matter early, we will immerse ourselves in your case to learn all the applicable law, and to familiarize ourselves with every aspect of the case. 

We will get to know you and what you have gone through, how this injury has changed your life, and what your future looks like for you.  Each and every case is an independent case for us, nobody is just a number.

We believe that our method of preparing every case as we do increases the possibility of getting a good result through settlement.  However, if we are not able to get a satisfactory offer of settlement, we are prepared to present your case to a jury. 

You have to attend long trials.

Again, every case is different. If your case does go to trial, you will need to attend the trial. However, most of the time, cases end in settlements which means you would not be having a trial. 

The length of a trial depends on the case, the severity of your injuries, and the complexity of the personal injury incident.

Preparing and presenting a case for settlement or trial can be time-consuming. At Maples, Nix & Diesselhorst, pre- COVID, the average length of time for a case was two (2) years. 

This is average, which means that some cases were longer and some were not as long. Since COVID, the Court’s dockets have been backed up so the length of time to reach a satisfactory recovery might be longer.

During the time that your case is being prepared, your primary concern is to heal. The attorneys at MND will be carrying the burden of preparing your case to seek justice and to obtain the financial compensation you deserve.   Our taking over this burden relieves our clients of one less thing to worry about. 

You can’t afford to hire a lawyer.

“I can’t afford a lawyer” is a common phrase.

Most personal injury law firms work on a contingency basis. A contingency fee arrangement means that the attorney representing your case will not receive a fee unless they successfully obtain compensation for you. If your case is successfully resolved, your attorney will receive attorney fees equal to a percentage of the gross recovery. This percentage will have been agreed to at the beginning of your case.  

This situation is ideal because personal injury cases are very expensive to prepare for settlement or trial. 

At Maples, Nix, & Diesselhorst, our team of personal injury attorneys works on a contingency basis, so we can best serve our Oklahoma community.

Maples, Nix, & Diesselhorst Stands with You

We hope you never need us, but if you or a loved one have suffered catastrophic or permanent personal injuries or death due to someone else’s negligence, our team is prepared to help you.

We have the knowledge, skills, and resources to successfully represent individuals and families throughout Oklahoma who have sustained serious injuries or death due to the negligence of another. 

When you partner with Maples, Nix, & Diesselhorst, you become a part of our family, and family fights alongside one another.

If any of these myths are holding you back from filing a personal injury claim, please consider contacting our team today to discuss whether you have a case that we will be able to offer you representation.

Call our dedicated team at (405) 478-3737 for a free consultation. We stand with you.

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