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Garden City, NY Estate Planning & Complex Litigation Blog

Friday, February 15, 2019

Misconceptions About Personal Injury Claims

Personal injury is one of the most actively practiced areas of law, but there are many misconceptions surrounding it.  It’s not the fault of the general public for these misconceptions – the law is an intricate system full of rules that often don’t make sense in isolation. To help resolve this confusion, several common misconceptions are addressed below.

You can Take Your Time

Some injury victims may decide to wait before reaching out to an attorney. There is a belief that if you’ve been injured, you can sue whenever is convenient. Unfortunately, this is not the case and is a misconception that often bars victims from being able to claim compensation. States impose a time limit, referred to as a statute of limitations,  bring a lawsuit after an injury occurs. To ensure that you are not barred from bringing a claim for personal injury by a state’s statute of limitations, it’s essential to consult with a personal injury attorney as soon as possible following the injury.

Lawyers are too Expensive

Many victims choose to not reach out to attorneys because they don’t believe that they can afford the legal fees. However, this simply isn’t the case in most situations. The majority of personal injury attorneys will work on a contingency fee which means they only get paid if you win. Under a normal contingency fee arrangement, the personal injury attorney will agree to not charge for representation in the event of losing the case, but will be entitled to a portion of the judgment in the victim’s favor if they win. Thus, a personal injury attorney is readily accessible despite your current financial situation.

The Judgment is Only for Medical Bills

Judgments for personal injury cases may include a portion to specifically cover medical bills, but awards are generally not specific to medical bills. Thus, you should get medical care as soon as possible and then contact a personal injury attorney regarding your case to recover your medical bills and any additional amounts that you may be entitled to.

Any Lawyer can do it

Occasionally, some individuals believe that their family attorney or someone they know can handle a personal injury case.  Personal injury is an extremely complex area of law, however,  that requires knowledge if negligence law, courtroom experience and negotiating skills. While the attorney you know who drafted your will may be well-versed in trusts and estate law, that doesn’t make him or her a qualified personal injury attorney. For this reason, you should always consult with an attorney who specializes in personal injury claims.

I can do it

For the same reasons identified above, representing yourself is an extremely risky endeavor that will likely leave you without time or money.

Because personal injury attorneys are affordable and the statute of limitations can bar your claims, it’s essential that you contact an experienced personal injury attorney as close as possible to your injury to ensure that you obtain just compensation.  

 


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Lawrence M. Gordon, Attorney at Law, P.C. has offices in Garden City, NY and assists clients throughout Long Island, including: the north shore of Long Island, The Town Of Oyster Bay, The Town Of North Hempstead, The Town Of Hempstead, The Town Of Huntington, Nassau & Suffolk Counties & throughout the Five Boroughs of The City Of New York.



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