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5 Myths About Personal Injury Cases Debunked
Personal injury law is widely misunderstood, and myths such as thinking you can’t afford a lawyer can stop accident victims from pursuing the compensation they’re entitled to. Other misconceptions can lead to unnecessary delays in taking legal action or pressure you into accepting settlements that fall short of covering your losses. A clear understanding of the facts is crucial for making informed, confident decisions about your legal rights.
At Rutter Mills, we prioritize our clients and put your needs at the forefront of our practice. Our reputation speaks for itself—for over 65 years, our personal injury lawyers have been recognized locally and nationally by our clients, peers, and the media.
Let’s clear up five of the most common myths surrounding personal injury law.
Myth #1: Personal Injury Claims Always Go to Trial
This is one of the most persistent—and misleading—beliefs about personal injury claims. Many assume that hiring a lawyer signals the start of a lengthy trial, complete with cross-examinations and courtroom battles. In reality, most cases are resolved through negotiation and settlement without going to trial.
According to a study by the Bureau of Justice Statistics, less than 4 percent of personal injury cases ever make it to trial. Most (more than 9 out of 10) are resolved through settlement.
Insurance companies generally seek to avoid the expense, time, and uncertainty of a trial. The key to any successful negotiation is preparation. At Rutter Mills, we prepare every case like it will go to trial. Smart insurance companies know that our cases are solid so they’re more likely to offer a fair settlement.
When your claim is supported by strong evidence, e.g., medical records, photographs, and clearly established liability, it often leads to a resolution through negotiation. However, if a fair settlement cannot be reached, having a law firm that is fully prepared to litigate becomes essential to protecting your rights and maximizing compensation.
Myth #2: You Can File a Claim Anytime After an Injury
Time is critical after a personal injury, especially in Virginia. The state imposes strict deadlines—known as statutes of limitations—for filing a personal injury lawsuit. In most cases, you have only two years from the accident date to take legal action. Missing this deadline means you may forfeit your right to compensation, regardless of how compelling your case may be.
There are even tighter timeframes in some situations. If your injury involved a government entity, such as being hurt on public property or by a city vehicle, you may have to file a notice of claim within months.
Myth #3: Minor Injuries Don’t Warrant Legal Action
Many believe that legal action is only justified for severe or catastrophic injuries, which often causes them to forfeit their legal rights and the compensation they may be entitled to.
Some serious injuries begin with mild symptoms that worsen over time. A stiff back might later be diagnosed as a herniated disc, and a mild concussion can lead to lasting cognitive or emotional issues. Waiting too long to act can undermine your ability to pursue a strong legal claim.
Insurance companies often take advantage of this by offering early settlements that fail to account for long-term complications. They push lowball offers before the actual cost of your injury becomes clear.
Myth #4: Insurance Companies Will Offer Fair Compensation
Insurance companies may appear helpful after an accident, but their primary goal is to protect their financial interests, not yours. Adjusters are trained to minimize payouts, often by contacting victims early, before the full scope of the injury is clear. Quick settlement offers may seem fair, but typically fail to cover long-term medical expenses, lost income, and the full extent of pain and suffering.
Do not accept a settlement or discuss your case in detail with an insurer before consulting a personal injury attorney. They know how to assess the full value of your claim—including future medical care, lasting impairments, and the broader impact on your life. Insurance companies have professionals protecting their interests—you deserve the same.
Myth #5: You Can’t Afford a Personal Injury Attorney
This common misconception often discourages injured individuals from seeking legal help, yet it is entirely unfounded. At Rutter Mills, as with many respected personal injury firms, we operate on a contingency fee basis—meaning there are no upfront costs, and we only receive payment if we successfully recover compensation on your behalf. We take on 100% of the risk to investigate the accident, hire expert witnesses, and file court documents and serve all parties. If we don’t win – you don’t pay us anything.
Contact Rutter Mills For a Free Consultation
We are here for you in your time of need, providing compassionate guidance, aggressive advocacy, and in-depth local knowledge in a wide range of personal injury matters. Our top-rated attorneys will fight the insurance companies and get you back on your feet. Schedule a free, no-obligation consultation today.
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Workers Compensation
If you’ve been injured on the job, workers’ compensation insurance may entitle you to critical assistance like medical treatment, lost wages, and more. But insurance companies will put up an aggressive fight to resist paying you the compensation you need and deserve. Rutter Mills can help get you the money you deserve.
