3 Common Myths About Personal Injury Cases — And the Truth Behind Them
When it comes to personal injury claims, there are a lot of misconceptions out there. Many people are unsure about their rights, the legal process, and how much pursuing a claim will actually cost them. These misunderstandings can prevent injured individuals from seeking the compensation they deserve. Let’s debunk three common myths surrounding personal injury claims in Nevada and clarify the reality.
1. Myth: If You’re Partially at Fault, You Can’t Get Compensation in Nevada
Truth: Nevada’s Comparative Negligence Law Allows You to Recover Damages, Even if You’re Partially at Fault.
One of the most pervasive myths is that if you were partly responsible for your injury, you’re automatically ineligible to receive compensation. In Nevada, that’s simply not true. The state follows a modified comparative negligence rule, which means you can still recover compensation as long as you’re not more than 50% at fault for the accident.
Here’s how it works: if you’re found to be 20% at fault for the accident, your compensation will be reduced by that 20%. So, if you’re awarded $100,000 in damages, you would receive $80,000. However, if you are found to be 51% or more at fault, you won’t be able to recover any compensation.
- Key takeaway: Don’t assume you’re ineligible for compensation if you share some responsibility for the accident. Consult with a personal injury attorney who can evaluate the circumstances and help you pursue the damages you deserve.
2. Myth: Personal Injury Cases Always Take Years to Settle
Truth: Many Personal Injury Cases Settle in a Matter of Months.
While it’s true that some personal injury cases can take longer, it’s a misconception that they always drag on for years. In reality, the majority of personal injury claims are settled out of court within several months, especially if the facts are clear and the damages are straightforward.
The duration of a case largely depends on several factors:
- The complexity of the case
- The severity of the injury
- Whether liability is disputed
- The willingness of both parties to negotiate
In many cases, the defendant’s insurance company may offer a fair settlement early in the process, allowing the case to resolve relatively quickly. If a settlement can’t be reached and the case goes to trial, it could take longer, but most cases never reach that point.
- Key takeaway: Don’t let the fear of a lengthy legal process prevent you from pursuing a personal injury claim. Many cases are settled quickly with the help of an experienced attorney who knows how to negotiate effectively.
3. Myth: Hiring a Lawyer is Too Expensive
Truth: Most Personal Injury Attorneys Work on a Contingency Fee Basis—No Upfront Costs to You.
Another common misconception is that hiring a personal injury attorney is prohibitively expensive. Many people think they’ll have to pay large retainer fees or hourly rates just to get help with their case. This myth is one of the biggest reasons people hesitate to seek legal representation, even when they have a strong case.
In reality, most personal injury attorneys work on a contingency fee basis. This means that you pay nothing upfront. The attorney’s fee is a percentage of the compensation they recover for you, typically around 33-40%. If you don’t win your case, you don’t owe the lawyer anything. This arrangement allows injured individuals to access high-quality legal representation without worrying about the cost.
- Key takeaway: Don’t let cost concerns stop you from getting the legal help you need. With a contingency fee arrangement, you won’t pay unless your lawyer wins your case.
Conclusion: Don’t Let Myths Hold You Back
Misconceptions about personal injury cases can prevent people from seeking the compensation they need and deserve. If you’ve been injured in an accident, it’s important to get the facts straight:
- You can still receive compensation in Nevada, even if you share some fault.
- Most personal injury cases settle in months, not years.
- Hiring a lawyer is affordable because you only pay if you win.
If you’re unsure about your case, consulting with a personal injury attorney is the best way to get accurate information and determine your next steps. Don’t let these myths stand in the way of your recovery.