Myths About Personal Injury Cases

Written by
Abraham Jaros
Updated on Monday, Mar 25, 2024

Many people in New York, and across the country, believe that they should not hire a lawyer to bring a personal injury case on their behalf after an accident because of what they have been led to believe.

Myths we hear most often:

I Was Partially Responsible, So I Can’t File a Claim.

Fact: Nobody is perfect and New York recognizes this with a comparative negligence rule. You may recover compensation for your injuries even if you were partly responsible for the accident that caused them. Your lawyer and the defendant’s lawyer will litigate the percentages of fault of each party. The greater your percentage of the liability for the accident the less you will receive. Your lawyer will explain this concept of “comparative fault” to you in detail and this will help you decide whether you should bring a lawsuit for your injuries or not.

The Insurance Company Will Make Me A Fair Offer.

Insurance companies are in the business of selling as many policies as possible while paying out as few claims as possible. Insurance companies do their best to deny, or pay as little as possible, on all claims. If the insurance company calls you right after the accident and makes you an offer you might not even have a good idea of what your case is worth yet, especially if the offer is made before you reach maximum medical improvement. Never accept an offer without consulting an attorney first.

Filing A Claim May Ruin Someone’s Life.

If you know the “defendant”, the person or entity you intend to sue, then you might be reluctant to file a claim. Unfortunately, many accidents and injuries happen while you are riding in a friend's or relatives’ car or while visiting their home. If you take the time to think about it, you realize that most people will spend most of their time with their family and friends. Fortunately, personal injury payouts come out of their purchased insurance coverage, not out of the defendant’s assets. The insurer will also provide the defendant with free legal representation.

While it is true that the insurance premiums on the house or car may go up if you make a claim, you should also realize that although the premiums may go up by a few hundred dollars if you were seriously injured then your recovery will be in the tens, hundreds or even millions of dollars, depending on the extent and severity of your injuries and the amount of insurance coverage.

People take out insurance not only to protect themselves in the event of a claim but also to help any of their friends or family who may have suffered an injury due to their negligence. If someone trips and falls over a raised rug in my house and is injured I would certainly want my insurance company to compensate them for their injuries.

Filing A Personal Injury Claim Makes You a Greedy Person.

Nobody gets rich from a personal injury claim. People who receive million-dollar verdicts or settlements have ongoing, lifelong, pain and suffering, lost wages as well as continuous medical bills and expenses.

Filing a personal injury claim is sensible when your life has been forever altered by a catastrophic accident. It may be the only way you can get back on your feet. Even if your injury is not considered to be catastrophic you are still entitled to be compensated for your past and future pain and suffering, medical bills and lost wages.

I Cannot Afford to Hire a Lawyer.

New York personal injury attorneys will all work on a contingency fee basis so that you don’t have to worry about any upfront costs. You will pay nothing unless you are successful, either by agreeing to a settlement you are happy with or by proceeding to a jury trial and obtaining a jury verdict. You will always come out ahead with an attorney’s help.

Get the advice and guidance you and your family need

You do not have to go through this alone.

At Jaroslawicz & Jaros, we have over 40 years of experience helping accident victims in New York recover compensation. The clients we represent benefit from the personal attention of our knowledgeable and experienced attorneys.

We Have Recovered Over $2 Billion for Our Clients.

The attorneys at Jaroslawicz & Jaros have obtained verdicts and settlements of over $1 Million for hundreds of our individual clients. Since all New York personal injury law firms generally charge the same legal fee why not hire an experienced law firm with a proven track record?

When you retain the New York City accident lawyers at Jaroslawicz & Jaros, you will always work directly with your lawyer, and not with a paralegal or secretary. We will always be available to you! Our hundreds of positive client reviews and testimonials speak for themselves.

Experience and a track record of results

Contact the attorneys at Jaroslawicz & Jaros for a free legal consultation regarding your rights and your legal options. If we agree to handle your case, we will work on a contingency fee basis so that you don’t have to worry about any upfront costs.

Contact us today for a free consultation

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You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.