5 Myths About Personal Injury Claims

If you’ve been injured in an accident, chances are you have received a lot of advice—some helpful, some not. Unfortunately, personal injury law is surrounded by myths that can lead to confusion, delay, or even loss of your rightful compensation.

Here are 5 Myths About Personal Injury Claims and the truth behind them.

Myth #1: “If I feel fine right after the accident, I don’t need to see a doctor.”

The Truth: Adrenaline can mask pain. Some symptoms may not immediately present themselves. Failing to seek medical care not only puts your health at risk, but also may weaken your case. Insurance companies may argue that you were not really hurt if there is a delay in treatment.

Tip: Always get a medical evaluation as soon as possible, even if you think you’re fine.

Myth #2: “Hiring a personal injury lawyer is too expensive.”

The Truth: The attorneys at Kimmel Carter work on a contingency fee basis, which means you pay nothing upfront, and your lawyer only gets paid if you win or settle your case. No win, no fee.

Tip: Ask about fee structures and case costs during your free consultation so there are no surprises later.

Myth #3: “I can handle the claim myself. The insurance company will treat me fairly.”

The Truth: Insurance companies are not on your side. Their goal is to minimize payouts. Without legal representation, you may receive an offer far below what your case is worth. Moreover, once you accept a settlement, it’s nearly impossible to reopen the claim.

Tip: Don’t sign or accept anything without legal advice. It could cost you thousands.

Myth #4: “I have plenty of time to file a claim.”

The Truth: Every state has a statute of limitations, which means there is a legal deadline for filing your personal injury claim. In Delaware, the statute of limitations for a personal injury claim is two years. Wait too long, and you may lose your right to recover anything, even if you have a strong case.

Tip: Contact an attorney as soon as possible to avoid missing deadlines and to ensure you preserve evidence.

Myth #5: “If the accident was partially my fault, I can’t get compensation.”

The Truth: In many states, including Delaware, personal injury law allows for comparative negligence.  This means you can still recover compensation even if you were partially at fault. Typically, your final award will be reduced by your percentage of fault.

Example: If you were 20% at fault, and your damages were $100,000, you could still receive $80,000.

Don’t let myths or misinformation stop you from receiving the help you need. Personal injury claims can be complex, but with the right legal support, you can protect your health, your finances, and your future.

If you have been injured and have questions about your case, contact Kimmel Carter today for a free consultation. We will help you separate fact from fiction and fight for the compensation you deserve.

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At Kimmel Carter, our team of experienced attorneys is dedicated to guiding you through the Delaware Personal Injury process. If you or a loved one has been injured in an accident, please call us for a free legal consultation. Call or Text (302) 565-6100.