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ChatWe’ve all heard the nickname, “ambulance chasers” thrown around to describe personal injury lawyers. But we, and other reputable personal injury attorneys, believe this nickname sells our work short! In fact, this nickname only scratches the surface of other commonly-circulated personal injury claim misconceptions.
While we don’t follow emergency personnel around to find clients (note: this is highly unethical), we pride ourselves on being available 24/7 for our Rhode Island and Massachusetts communities.
At Bottaro Injury Lawyers, we have combined decades of experience litigating a wide variety of personal injury cases. Feel free to learn more about us and our successes while searching for the best personal injury attorney for you!
Since there are so many personal injury claim misconceptions and myths out there, in today’s blog we address the 7 most common – and damaging to victims. We hope that this article puts you at ease about filing a personal injury claim!
Misconception 1: Personal Injury Claims are a Quick Ploy for Financial Gain.
This misconception addresses two inaccurate aspects of personal injury law. First, reputable personal injury attorneys exclusively choose cases wherein victims are injured and need legal assistance to recover medical expenses, lost wages, and other damages. Additionally, personal injury claims can help ignite change in our communities. For instance, an abuse and neglect claim may cause a nursing home to review its hiring policies. Or, a slip and fall claim may cause an apartment complex to fix a faulty railing.
Secondly, not all personal injury claims are quickly resolved for a “quick cash grab.” A personal injury attorney who cares about their clients will fight for them, as appropriate. In fact, we recently filed a lawsuit on behalf of a motorcycle accident client because we could not reach a fair settlement right away. After 3 years, we settled for $472,500.00!
Misconception 2: It’s Expensive to Hire a Personal Injury Attorney.
Many personal injury law firms operate on a “contingency fee” basis, including our firm. This means that you do not pay us out-of-pocket for legal services, unless and until we settle your claim or otherwise win your case. This is part of our “no fee guarantee” policy.
At Bottaro Injury Lawyers, an attorney is always available for a free and confidential consultation. Should you hire us to handle your personal injury accident, you will not need to pay a dime up front. Questions about our no fee guarantee? Call us anytime!
If you’re working with a personal injury attorney that wants payment up front, we recommend looking elsewhere. It should not cost you anything – let alone be expensive – to have a personal injury attorney handle your case!
Misconception 3: Only Victims Who Have Sustained Serious Injuries Should Consult a Personal Injury Lawyer.
Those who sustain non-life-threatening injuries may, and often are, entitled to legal compensation. In fact, many of our clients experience delayed or worsened injuries in the days, weeks, and even months following their accidents. Oftentimes the initial shock and subsequent adrenaline rush that comes after an accident prevent victims from feeling the full extent of their injuries. When this happens, lawyer up!
Misconception 4: Only Victims 100% Not at Fault Have Viable Personal Injury Claims.
This misconception suggests that people must be 100% perfect to receive legal compensation after sustaining personal injuries. This is not always true! After all, no one is perfect.
So, how does this work? Rhode Island follows a comparative negligence standard. This means that a factfinder, such as a jury or judge, can assign fault to two or more parties – including you, the victim. Specifically, Rhode Island follows a “pure” comparative negligence standard, meaning victims may recover damages so long as the other party is found at least 1% at fault.
On the other hand, Massachusetts follows a modified comparative negligence standard. Meaning, for a victim to recover, they must be 50% or less at fault for their own injuries.
Take this for example: Let’s say a jury finds that you are 51% at fault in a grocery store slip and fall accident. In turn, the jury finds that the grocery store is 49% at fault for your injuries. In this scenario, you cannot financially recover anything because you are mostly at fault. Had fault been assessed 50/50, you could still recover.
So what should you do when you are injured, even if you were on your phone, wearing improper footwear, speeding, etc. at the time of the accident? Consult a personal injury law firm. We still may be able to help you!
Misconception 5: Insurance Companies Act Fairly Toward Victims.
Many people assume that insurance companies are neutral parties. The truth is, insurance companies, even “your” insurance company, are… companies. This means that at the end of the day, they are looking out for their bottom line. Insurance agents and adjusters may speak to you kindly, but their ultimate goal is to pay out as little as possible for your injuries. We have firsthand experience handling insurance claim negotiations with large insurance companies. We also know that those companies attempt to take advantage of unrepresented victims all the time. It is important to consult with a personal injury attorney before you start working with an insurance agent!
Misconception 6: Victims Can File Personal Injury Lawsuits Any Time After Their Accidents.
When you’re injured, you have certain legal rights… but not forever. Victims must strictly adhere to state-specific statute of limitations. In both Rhode Island and Massachusetts, victims typically have three years from the date of injury to file a lawsuit. However, the sooner you hire an attorney, the better. Why? The quicker an attorney begins working on your case, the more readily available critical evidence will be to build a strong case on your behalf.
Misconception 7: All Personal Injury Lawyers Are the Same.
Not all personal injury lawyers are “ambulance chasers.” Rather, many prominent personal injury law firms around the country stay educated and active in this practice area to better serve you. Additionally, each attorney and/or law firm has unique missions, approaches, and goals. For us, it’s all about being engaged in our Rhode Island and Massachusetts communities!
We hope that today’s post clears up common personal injury claim misconceptions and encourages you to give us a call if you or a loved one were recently injured!
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777 or fill out our free and confidential online form. We are here to serve and help you!
