When you’re injured in an accident, you may hear
conflicting advice from friends, insurance adjusters, or even social media. The truth? There are a lot of
myths about personal injury settlements that can cost you time, money, and peace of mind.
At
Monsees & Mayer, we believe in
educating clients so they can make informed legal decisions. Let’s clear up some of the most
common misconceptions about personal injury settlements.
Myth 1: You Have to Go to Court to Get Compensation
Truth: Most personal injury claims
settle out of court.
In fact, over
90% of personal injury cases in the U.S. are resolved through
settlement, rather than trial. Going to court is typically a last resort option in the event settlement talks are not successful.
Myth 2: Personal Injury Settlements Are Always Huge Payouts
Truth: Settlements vary depending on the
degree of harm suffered, the amount of insurance available, and whether or not applicable law places a cap on recovery.
While cases involving catastrophic injuries or wrongful death may result in significant outcomes,
settlements generally should reflect the amount the law recognizes as fair and reasonable to balance the degree of harm suffered
.
Myth 3: You Can File a Claim Anytime
Truth: Every state has a
statute of limitations — and missing it can
bar your claim entirely.
- Missouri: 5 years from the date of the injury or 3 years for wrongful death.
- Kansas: 2 years from the date of the injury
Waiting too long to file a claim can destroy your right to compensation. Even if you’re unsure about the case, it’s best to consult an attorney early.
Myth 4: Minor Injuries Don’t Justify a Lawsuit
Truth: Some injuries seem small at first but worsen over time.
Soft tissue damage, concussions, and emotional distress can all lead to
long-term medical care and lost income. Don’t dismiss your injuries without a full medical, and perhaps legal, consultation.
Myth 5: The Insurance Company Will Offer What’s Fair
Truth: Insurance companies are
for-profit businesses, not advocates for your recovery.
Their goal is to
minimize payouts, often offering lowball settlements quickly — hoping you’ll accept before understanding the full extent of your injuries, or before you hire an a skilled attorney.
Having a legal team like
Monsees & Mayer on your side levels the playing field and ensures your
rights are protected.
Myth 6: You Don’t Need a Lawyer for a Settlement
Truth: A personal injury attorney is not required, however, having a personal injury attorney can significantly increase settlement amounts.
Studies show that injured victims with legal representation
recover more compensation on average than those who go it alone (NOLO Study).
Myth 7: Hiring a Lawyer is Too Expensive
Truth: At Monsees & Mayer, we work on a
contingency fee basis — meaning
you don’t pay unless you win.
There’s
no upfront cost, so financial barriers should never stop you from seeking justice.
What You Should Do If You’re Considering a Personal Injury Claim
- Document everything: medical bills, lost wages, photos, and journal entries.
- Avoid speaking to the other party’s insurer without legal counsel.
- Talk to an experienced personal injury attorney as early as possible.
Authoritative External Links:
- Nolo: How Much Is the Average Personal Injury Settlement?
- American Bar Association: What Is a Personal Injury Case?
