Date: June 7, 2023Attorney: Joseph J. Discenza, Joseph J. Peters, Andrew R. Bronsnick, Michael F. Bevacqua, Jr., Ethan C. Wells, Damian P. Conforti, Jeffrey E. Grabelle and Raj Gadhok

Personal injury cases can be complex and there are many misconceptions surrounding the process. As a New Jersey personal injury law firm, we want to educate potential clients about common myths and misconceptions regarding personal injury lawsuits.

With a better understanding of the facts, you’ll be better equipped to make informed decisions about your legal representation.

Myth #1: It’s Not Worth It to File a Claim for Minor Injuries

One of the most common myths about personal injury claims is that it’s not worth filing for minor injuries. This is simply not true. Even seemingly minor injuries can develop into chronic pain, infections or other long-term health issues. In addition, the full extent of your injuries may not be immediately apparent. Some injuries aren’t easily visible and worsen over time. It’s important to undergo a thorough medical evaluation before deciding whether or not to file a personal injury lawsuit.

Moreover, the financial impact of even minor injuries can be significant, as medical bills and lost wages can quickly accumulate. It’s also worth noting that accidents can lead to psychological trauma, such as post-traumatic stress disorder (PTSD) or depression, which can have lasting effects on your well-being and quality of life.

Myth #2: You Can File a Personal Injury Claim at Any Time

Contrary to popular belief, there is a time limit for filing personal injury claims. In New Jersey, a statute of limitations governs the time frame within which you must initiate a lawsuit. Generally, you have two (2) years from the accident date to file. To avoid missing this deadline, it’s advisable to consult a personal injury attorney as soon as possible following the incident.

Additionally, waiting too long to file a claim can hinder your case, as evidence and witness testimonies may deteriorate or vanish over time. This can make it more difficult for your attorney to establish liability and secure compensation on your behalf. Waiting may also impact the payment for medical treatment and other benefits. Remember, the sooner you consult an attorney, the more likely they will be able to gather critical evidence to support your case.

Myth #3: If You’re Insured, You Don’t Need a Personal Injury Attorney

Many people believe that if they have insurance, they don’t need a personal injury attorney. While insurance companies may offer some compensation for medical bills and other expenses, they do not have your best interests in mind, because their primary objective is to minimize their own expenses. More often than not, insurance companies try to offer you the lowest possible settlement to protect their bottom line. Our firm’s personal injury attorneys will advocate for you, ensuring that your rights and interests are protected and you receive fair compensation for your injuries.

As your attorney, we can also help you navigate the complexities of dealing with multiple insurance policies, such as your own insurance, the at-fault party’s insurance, and any additional coverage that may apply to your case. We also help you identify any potential sources of compensation you may not be aware of, such as uninsured or underinsured motorist coverage.

Myth #4: You Have to Spend Significant Time in Court

The belief that personal injury cases always require significant time in court is a common misconception. While it’s true that some cases go to trial and may be time-consuming, this is not the case for every claim. In fact, many personal injury cases are settled outside of court through negotiations, mediation or arbitration.

A skilled personal injury attorney can help streamline the process and work toward the most favorable resolution, whether that involves going to trial or negotiating a settlement outside the courtroom. By effectively assessing your case and employing strategic negotiation tactics, a personal injury attorney can save you time and effort while pursuing the compensation you deserve.

Myth #5: Personal Injury Cases Take Years to Resolve

Not all personal injury cases take years to resolve. The duration of a case depends on various factors, including the number of parties involved, the severity and nature of the injuries, the need for expert witnesses, and the availability of evidence. Additionally, the willingness of both parties to negotiate or reach a settlement can influence the length of a case.

A personal injury attorney can help expedite the process when it’s in your best interest. By evaluating the specific circumstances of your case, developing a tailored strategy, and effectively handling negotiations or litigation, we can work to resolve your matter as efficiently as possible. Communicating with your attorney regularly and providing any necessary information in a timely manner can further help streamline the process.

Myth #6: The At-Fault Party Will Have to Pay Out of Pocket

A common misconception among accident victims is that the at-fault party will be responsible for covering damages from their personal finances. However, in the majority of cases, it is the insurance companies that handle the payment of damages.

Insurance policies are designed to cover the costs associated with accidents, such as medical expenses, property damage, and lost income. A personal injury attorney can be a valuable ally in dealing with the insurance companies, helping you navigate the often-complex claims process and ensuring that you receive compensation for your losses. We interact and negotiate with every major insurance carrier in New Jersey and can help you understand the insurance process and the various types of damages you are entitled to, including non-economic damages like pain and suffering.

Myth #7: You Can Represent Yourself for Your Personal Injury Lawsuit

Some individuals believe that they can represent themselves in their personal injury lawsuit. Although self-representation is an option, it is not advisable. Personal injury cases can be intricate and insurance companies typically employ experienced attorneys and insurance representatives to minimize their expenses. Hiring a personal injury attorney significantly increases your chances of obtaining fair compensation.

Insurance adjusters aim to reduce the carriers’ losses. When encountering unrepresented claimants, they often view this as an opportunity to offer low settlements and pressure unsuspecting claimants into accepting them.

It’s also important to note that individuals who handle their own cases are at a higher risk of making statements or taking actions that can jeopardize the outcome of their matters. It’s been consistently shown that those who hire attorneys to represent them in personal injury claims secure higher settlement offers and verdicts than when victims represent themselves.

Please do not take any chances with your personal injury claim. If you have been injured in an accident, contact the experienced personal injury attorneys at Mandelbaum Barrett for professional representation and to maximize your chances of obtaining the compensation you deserve. Our team is dedicated to providing compassionate, personalized service and aggressive representation to help you achieve the best possible outcome in your case.

For immediate assistance, call us at 973-585-5100.