myth-vs-fact-personal-injury Tennessee personal injury lawyers

Debunking Common Myths About Personal Injury Law in Tennessee

December 1, 2023

Personal injury cases can be complex, and many misconceptions surround the legal processes involved. These myths can mislead individuals who have suffered injuries due to someone else’s negligence, potentially preventing them from seeking the justice and compensation they deserve. In this blog post, we will debunk some of the most common myths about personal injury law in Tennessee, providing clarity and empowering you to make informed decisions.

Myth 1: “You Will Bankrupt the Person Who Injured You by Suing Them”

Reality: When you sue someone for injuries you sustained because of their negligence, they will often be protected by insurance. The purpose of insurance is to protect you when you cause an injury to someone else.  If you receive a settlement, it will almost always come from an insurance company. 

Myth 2: “All Personal Injury Cases Go to Trial”

Reality: While it’s true that some personal injury cases end up in court, the majority are settled out of court through negotiation or alternative dispute resolution methods like mediation or arbitration. Litigation is often a last resort when an agreement cannot be reached. Your attorney will aim to resolve your case efficiently and cost-effectively.

Myth 3: “You Only Have a Case if You Were Injured in a Car Accident”

Reality: Personal injury law covers a wide range of accidents and incidents, including slip and falls, workplace accidents, medical malpractice, dog bites, and more. If you’ve been injured due to someone else’s negligence, you may have a valid personal injury claim, regardless of the specific circumstances.

Myth 4: “You’ll Get Rich Quick from a Personal Injury Lawsuit”

Reality: Personal injury cases can take months, even years, to reach a point where a settlement is secured. The compensation is intended to cover your actual losses, such as medical expenses, lost wages, and pain and suffering. While some cases result in substantial settlements or verdicts, there are no guarantees of becoming rich. The goal is to help victims recover and move forward after an accident. 

Myth 5: “You Can Wait Indefinitely to File a Personal Injury Lawsuit”

Reality: Tennessee has a statute of limitations that sets a one-year time limit for filing a personal injury lawsuit. Waiting too long to take legal action can result in losing your right to compensation. It’s crucial to consult with an attorney as soon as possible to determine your specific deadline.

Myth 6: “You Can’t Receive Any Compensation if the Person Who Injured You Doesn’t Have Insurance”

Reality: Some auto insurance policies include an Uninsured/Underinsured Motorist provision that protects you if the person who injured you does not have insurance. Your auto insurance company can provide you with the necessary information to determine if your policy includes this coverage. 

Myth 7: “The Person Who Hit Me Should Pay for My Medical Bills”

Reality: As you are receiving treatment for your injuries you should have your health insurance, if you have it, pay for your medical care. The negligent party will not pay for any of your medical treatment until the case is resolved. Once the case is resolved you will then need to pay back what your insurance has paid out. However, you will be able to present as damages the full amount of your bills, meaning what you pay back to your insurance will be less. 

Myth 8: “Hiring an Attorney will Result in a Smaller Settlement”

Reality: Insurance companies may try to convince you that hiring an attorney will result in a smaller settlement. In reality, the attorneys at the Haynes Firm have years of experience negotiating with insurance companies. The experience the Haynes Firm can provide will help you secure a fair and just settlement that considers all your damages, often resulting in a more favorable outcome than self-negotiation. The attorneys at the Haynes Firm will always make an honest assessment of your case before suggesting legal representation. 

Understanding the truth behind common myths about personal injury law in Tennessee is essential for making informed decisions if you or a loved one has suffered an injury. Seeking legal representation, understanding your rights, and acting promptly are key factors in achieving a successful outcome in your personal injury case. If you have questions or need assistance with a personal injury claim, don’t hesitate to contact an experienced attorney who can guide you through the process and protect your interests.

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