Personal Injury Lawyer Blog | Campisi LLP

3 Common Myths of Personal Injury Claims

Written by Campisi Law | Apr 19, 2023 8:40:32 PM

Getting into an accident and suffering a personal injury is something that we all seek to avoid. But there’s a first time for everything and unfortunately accidents happen. If this has happened to you, you inevitably have questions about navigating the process, which is why we’ve tried to address the biggest myths or misconceptions that accidents victims have when contemplating what to do.

 

Myth #1:  “My insurance premiums will go up if I make a claim.”

Your premiums do not go up because you make an accident benefits claim. Your premiums may go up if your insurance company determines that you were more than 25% at fault for the accident. Premiums will increase if you are more than 25% at fault and your insurance company does not provide you with accident forgiveness.

 

Myth #2:  “I can handle my insurance claim on my own.”

Fact:  If your injuries are minor and your recovery is expected to be  straightforward, this may be true. However, if you have suffered serious injuries you should have legal assistance. The accident  benefits process is adversarial: you want to obtain all the treatment, assistance and income support you need; your insurer wants to pay as little as possible. It is also not a level playing field. You are likely not familiar with the complex Accident Benefits system, while insurance adjusters receive extensive training on the law and how to handle claims. Often insurance companies deny claims to accident victims without real justification. There have been many cases of “special awards” and punitive damages imposed against insurers that acted callously or unreasonably withheld benefits.

A lawyer can help protect you from such behaviour. In addition, if you wish to pursue a lawsuit against the person who caused the accident, you will need a lawyer to navigate that process.

 

Myth #3:  “I can’t afford a lawyer.”

Most personal injury lawyers offer a free consultation. If they take your case, they generally won’t charge anything up front, and will base their fee on what you recover from the insurance companies. When your case settles, the insurance companies may also

contribute an additional amount to help pay your lawyer’s bill.