Personal injury claims are often surrounded by misconceptions that make people hesitant to pursue legitimate claims. Whether you’ve been injured in a car accident, slip and fall incident, or any other personal injury event, it’s essential to understand the truth behind these claims. In Kansas, personal injury law can be complex, but debunking these myths can help you navigate your case more confidently. Below, we’ll address the most common myths about personal injury claims in Kansas and reveal the reality behind them.
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Hiring a Personal Injury Lawyer is Too Expensive 
A prevalent myth is that hiring a personal injury lawyer in Kansas is unaffordable, particularly for individuals already facing medical bills and lost wages. However, the truth is that most personal injury lawyers, including those at Melinda Young Law, work on a contingency fee basis. This means that you do not pay upfront for legal representation. Instead, your lawyer only gets paid if you win your case. The fee is typically a percentage of the compensation you receive, so there’s no risk to you as the client. This system ensures that anyone, regardless of financial status, can access skilled legal help.
Personal Injury Claims Always Take Years to Settle
Another common misconception is that personal injury cases always take years to resolve. While some complex cases may take time, many claims in Kansas are resolved much quicker than expected. Depending on the specifics of your case, you could reach a settlement in just a few months. Insurance companies, lawyers, and clients often work together to resolve claims quickly without the need for lengthy litigation. Most cases that do go to court only take that route after extensive negotiations have failed, and even then, a resolution may be reached soon after trial begins.
You Have to Go to Court to Win Your Case
A lot of people assume that in order to win a personal injury claim, they must go to court. This is not always the case. In fact, the majority of personal injury cases in Kansas settle before ever reaching a courtroom. Insurance companies, lawyers, and other parties involved often reach settlements through negotiation, saving both time and money. While some cases require going to trial to achieve a fair outcome, the truth is that most claims are resolved without the stress and expense of a trial. A skilled lawyer can often reach a satisfactory settlement by advocating on your behalf during the negotiation process.
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Personal Injury Claims Are Only for Major Injuries
Many people believe that personal injury claims are only valid for severe injuries like broken bones, head trauma, or life-threatening conditions. However, this myth is false. You can file a personal injury claim for any injury that has caused you harm, whether it’s minor or severe. In Kansas, if you are injured due to someone else’s negligence, you have the right to seek compensation for medical expenses, lost wages, and pain and suffering. Even a minor injury can have long-lasting effects on your daily life, and you deserve to be compensated for that, regardless of the injury’s severity.
Your Insurance Will Cover Everything
Some individuals believe that their own insurance will fully cover their medical bills, lost wages, and damages following an accident. While your insurance company may help, you should not assume it will cover everything. Insurance companies are businesses, and their goal is to minimize the amount they pay out. They may offer you a low settlement or even deny your claim entirely. A personal injury lawyer can help you navigate this process and ensure that you receive the compensation you deserve. Even if your own insurance doesn’t cover all of your expenses, you may be entitled to compensation from the at-fault party’s insurer.
If You Are Partially at Fault, You Can’t File a Claim
Kansas operates under the doctrine of comparative fault, which means that you can still file a personal injury claim even if you were partially at fault for the accident. While being partially responsible for the incident may reduce the amount of compensation you receive, it does not bar you from filing a claim altogether. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. The court will determine the degree of fault, and your lawyer can help you prove that the other party bears the majority of responsibility, ensuring that you are compensated fairly.
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Personal Injury Claims Are Just About Money
Another misconception is that people file personal injury claims solely for financial gain. In reality, personal injury claims are about securing compensation for the harm you’ve endured due to another party’s negligence. The compensation you seek is meant to cover medical expenses, lost wages, rehabilitation costs, and the emotional and physical pain you’ve suffered as a result of the injury. It’s about holding the responsible party accountable for their actions and ensuring that you’re not left financially burdened because of their negligence.
You Can Handle Your Personal Injury Claim Without a Lawyer
While it’s true that some minor claims can be resolved without legal representation, handling a personal injury claim without a lawyer is rarely a good idea. Insurance companies are well-equipped to handle claims and may try to manipulate the situation to offer you less compensation than you deserve. A personal injury lawyer in Kansas, such as those at Melinda Young Law, can ensure that your rights are protected and that you receive the maximum compensation available. They will handle all aspects of the case, from gathering evidence to negotiating settlements, so you can focus on recovering from your injury.
If You Don’t File Right Away, You Lose Your Right to File a Claim
Many individuals believe that if they don’t file a personal injury claim immediately after an accident, they will lose their right to do so. While it’s important to act quickly, the truth is that Kansas has a statute of limitations for personal injury claims, which is generally two years from the date of the injury. This means you have up to two years to file your claim, although it’s wise to begin the process as soon as possible. The longer you wait, the more difficult it may be to gather evidence and strengthen your case. However, don’t wait until the last minute—consulting with a personal injury attorney early can help ensure that your claim is filed correctly and on time.
Insurance Companies Always Treat You Fairly
A common misconception is that insurance companies always treat injured parties fairly. Unfortunately, this is not the case. Insurance companies are businesses focused on protecting their bottom line, which often means minimizing the amount they pay to claimants. They may offer you a settlement that seems fair but is actually far less than what you are entitled to. An experienced personal injury lawyer can assess your case, negotiate with the insurance company, and ensure you receive the full compensation you deserve for medical expenses, lost wages, pain and suffering, and any other damages. Don’t assume that the insurance company is on your side—they are not required to look out for your best interests.
There are many myths surrounding personal injury claims in Kansas, but understanding the truth can help you make better decisions regarding your legal rights. If you’ve been injured in an accident, it’s crucial to separate fact from fiction and seek the assistance of an experienced personal injury lawyer who can guide you through the process. At Melinda Young Law, we offer free consultations to help you understand your options and work toward achieving the compensation you deserve. Don’t let these myths stop you from seeking justice—reach out to us today for the guidance you need.