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April 22, 2025
- Blog
- By Cesar Ornelas
Filing a personal injury claim probably seems like a big step, but if you’ve been injured because of another person’s negligence, you do deserve to have your losses and damages reimbursed. Talk with a personal injury attorney in Hobbs, NM to learn more about how these cases go and what to expect in your situation.
Common Misconceptions Explained by a Personal Injury Attorney in Hobbs, NM
It’s Not Worth Bringing a Claim for Minor Injuries
Many people figure that if their injuries weren’t very serious, it’s just not worth bringing a personal injury claim. But that isn’t true. For one thing, even seemingly minor injuries can end up causing you long-term problems, like chronic pain or limited mobility. For another, your claim is not just about the injuries you suffered but also to get repaid for any property damage that you had as well as for the mental anguish that you’ve undergone. Your claim might be higher than you think, so talk to a personal injury attorney.
Getting an Attorney Is Too Expensive
Speaking of attorneys, some people don’t bring claims because they think it will cost too much to get a lawyer. That’s not true, either. For one thing, a good lawyer will offer you a free consultation where you can lay out your case and get an opinion. If the case isn’t worth bringing, the lawyer will tell you so. If it is worth bringing, at that point you haven’t committed to doing so yet, but you have more information and can ask a few questions.
For another thing, personal injury attorneys typically only take a fee if they win for you. Their fee will be a percentage of your settlement, and that means if you don’t have a successful claim, you don’t owe your lawyer a dime. And studies show that those who bring a personal injury claim with the help of a lawyer tend to come away with more money in the end, even after legal fees are removed, than those who don’t.
The Insurance Company Will Take Care of My Claim
When you first report your accident to the insurance company, it’s likely that they responded in a way that would make you think they’ve got it all under control and will get back to you with a fair settlement based on everything you told them you have lost. Unfortunately, insurance companies don’t usually work that way.
Insurance companies are businesses that need to make money, and one way they do that is by minimizing the claims that come before them. You may submit all your paperwork only to be blind sided a few months later when the insurance company denies half your medical bills, claiming that you didn’t need this or that treatment or that your injury wasn’t related to the accident.
It’s always best to talk with a lawyer as soon as possible. Even if you don’t have to go to court, just getting a lawyer signals to the insurance company that you’re willing to do what it takes to be properly compensated for your losses. This can bring them to the bargaining table in better faith.
If You Bring a Claim, You Have to Go to Court
Actually, most personal injury claims are settled out of court. While there are always a few cases where the other side simply refuses to negotiate, in most cases, this is all worked out through negotiations between your lawyer and the lawyer for the other side. Both sides have a good incentive not to go to court because going to court takes longer, offers a less certain outcome, and is generally more expensive.
The Responsible Party Can’t Afford to Pay My Expenses
Some people misunderstand how personal injury claims work. They worry that it’s unkind or cruel to try to bring a claim because they think that the individual responsible for their accident will have to pay out-of-pocket for damages and losses. Actually, in the vast majority of cases, it is an insurance company who will pay, and this is exactly what insurance is for.
Even if, for example, a driver who caused your accident doesn’t have insurance, bringing a claim doesn’t automatically mean you’re going to “ruin” them. State law exempts certain property from being seized to pay a debt, so bringing a claim doesn’t mean you’re going to be ripping a house out from under a family or leaving somebody on the street.
