Personal injury claims seek compensation for harm caused by another’s negligence or wrongful actions. This can include incidents such as car accidents, slips and falls, medical malpractice or injuries sustained on someone else’s property.
There are common misconceptions that can impact your understanding of your rights and legal options after an injury.
1. You must be severely injured to file a claim
One prevailing myth is that only severe injuries warrant a personal injury claim. However, any injury resulting from someone else’s negligence, regardless of severity, might qualify. Even seemingly minor injuries like sprains or whiplash could entitle you to compensation.
2. Claims always end in lengthy court battles
Many people resolve personal injury claims without going to court. They often settle through negotiations between individuals or their insurance companies. Court battles are usually a last resort if those involved cannot settle.
3. Insurance companies will always offer fair compensation
Another misconception is that insurance companies always provide what you deserve. They might aim to settle quickly and for a lower amount than you should receive.
4. You can file a claim at any time
The statute of limitations is the time limit in which a claim can be filed. In Georgia, you must file within two years of the accident or injury. Failing to file within this time frame could prevent you from receiving compensation.
5. Only physical injuries qualify
Personal injury claims are not limited to physical injuries alone. They can also include emotional distress, psychological trauma or financial losses. These non-physical damages are equally valid grounds for compensation.
6. You cannot file a claim if you share fault
Even if you partly contributed to the incident, you may still be eligible for compensation. Comparative negligence systems allow recovery based on the degree of fault. Georgia laws indicate that you can be partially rewarded if you are less than 50% responsible.
Clearing up these misconceptions is necessary when making personal injury claims. This allows you to make informed decisions when seeking compensation after an injury.