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Common Personal Injury Law Myths in Nebraska

Personal injury law is often misunderstood, leaving many potential clients hesitant to seek the help they need after an accident. Misconceptions can stand in the way of justice and fair compensation. 

We’ll debunk seven common myths about personal injury law so that you can make an informed decision when considering pursuing a Nebraska accident claim.

Myth 1: Personal Injury Cases Are Always Lengthy and Expensive

One of the most pervasive myths about personal injury law is that pursuing a case is prohibitively expensive and time-consuming. While some cases may take time to resolve, particularly if they go to litigation, not all of them drag on for years. Many personal injury cases are settled out of court through negotiation, saving time and expenses for all parties involved. 

Additionally, most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows accident victims to pursue justice without upfront costs—in fact, because your attorney’s fee is calculated as a percentage of your settlement, you won’t pay anything out-of-pocket.

This also unites attorneys and injury victims with a common goal: obtaining a fair settlement offer in as little time as possible.

Myth 2: You Can Handle Your Personal Injury Claim Alone

Some accident victims believe that they can save money by handling their personal injury claim without legal representation. In some limited instances, this may be true. However, navigating the complexities of personal injury law without a skilled attorney can be challenging and may result in receiving less compensation than you deserve. 

Personal injury cases are not an avenue to quick, easy money. While your case may not necessarily take years to resolve, the claims process requires plenty of documentation and requires that plaintiffs meet certain deadlines. It can be easy to become overwhelmed, confused, or frustrated on your own.

Experienced personal injury attorneys understand the intricacies of the legal system, can assess the value of your claim accurately, and negotiate with insurance companies on your behalf. Hiring a knowledgeable attorney significantly increases your chances of obtaining fair compensation for your injuries. It will also take stress off of your plate while you recover physically and emotionally.

Myth 3: Only Serious Injuries Deserve Compensation

Another common misconception is that only severe or catastrophic injuries warrant pursuing a personal injury claim. In reality, any injury resulting from another party’s negligence or wrongdoing may entitle you to compensation. Medical bills can accumulate very quickly, even for seemingly minor injuries.

If someone else’s actions caused harm, you have the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. Even if you decide not to pursue an injury claim, it’s a good idea to consult a personal injury lawyer to discuss your options.

Myth 4: Personal Injury Lawsuits Always Go to Trial

Many people fear the idea of a lengthy courtroom battle and assume that filing a personal injury lawsuit means going to trial. The majority of personal injury cases, though, are resolved through negotiation and settlement before ever reaching the courtroom. 

Attorneys strive to achieve a fair settlement that meets their clients’ needs without the stress and uncertainty of trial proceedings. While some cases may proceed to trial if a settlement cannot be reached, it’s not the inevitable outcome.

On the other hand, if negotiations aren’t resolving your case, your attorney may feel that litigation is the best way forward. In this case, your accident attorney will represent you in court and work to get you a favorable verdict. 

Myth 5: You Can File a Personal Injury Claim at Any Time

Some accident victims believe there’s no rush to file a personal injury claim, which may cause them to delay seeking legal help. Unfortunately for these individuals, this is not the case. Every state, including Nebraska, has a statute of limitations for personal injury claims. The statute of limitations establishes a time limit for pursuing legal action.

The statute of limitations in Nebraska for injury cases is generally four years for motor vehicle accidents and premise liability claims. Other types of personal injury claims have varying statutes of limitations.  There are several factors that can impact this time frame, so it’s a good idea to speak with an attorney to determine how long you have to file, as missing this deadline can result in forfeiting your right to compensation. 

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

Perhaps one of the most damaging personal injury myths is that settlement money comes out of the pockets of the responsible party in an accident claim. Many injury victims are hesitant to make life difficult for others, particularly if the at-fault party is a family member, friend, or neighbor.

In most cases, the responsible party’s insurance company handles payouts in personal injury claims. You are generally not going to financially ruin the other party when seeking compensation for your damages.

It’s also important to keep in mind that if another person’s negligence caused your injuries, you deserve to be compensated fairly. You should not deprioritize your own well-being for the sake of others.

Myth 7: Insurance Companies Will Offer Fair Compensation Without a Fight

Some individuals assume that insurance companies will offer fair compensation for their injuries without the need for legal intervention. Unfortunately, insurance companies are often focused on minimizing their payouts and may offer low settlements or deny valid claims altogether. 

Having an experienced personal injury attorney on your side sends a clear message to insurance companies that you are serious about pursuing fair compensation. An attorney can negotiate on your behalf and, if necessary, take your case to court to ensure your rights are protected.

Many insurance adjusters will appear friendly, but do not trust them to treat you fairly. They may try to use your own words or social media posts to diminish the severity of your injuries or dispute liability. 

Contact a Nebraska Personal Injury Attorney for a Free Consultation

Navigating the complexities of personal injury law can be daunting, especially when faced with common myths and misconceptions. Fortunately, many law firms offer free case evaluations, allowing you to discuss your potential case and ask questions about the claims process 100% risk-free.

The Nebraska Advocates are experienced personal injury attorneys ready to help you on the road to recovery. We will be by your side every step of the way throughout the life of your claim, offering sound legal advice, providing updates on your case, and protecting your best interests.
Our team is here to advocate for your rights and guide you through the legal process. You deserve clarity, support, and guidance after your accident. You deserve an Advocate.