If youโve been hurt in an accident, youโll hear advice from friends, social media, even the other driverโs insurer. Some of it is flat-out wrong. These personal injury lawsuit myths can quietly wreck a strong claim, delay your recovery, or leave money on the table.ย
In this blog we debunk the 11 biggest myths we hear in intakes and strategy calls at West Coast Trial Lawyers and explain what to do instead.
Have questions about your own situation? Talk to an experienced personal injury lawyer at (213) 927-3700 or send a message and weโll give you straight answers.
Myth #1: โInsurance Companies Will Get Me More Money if I Donโt Hire a Lawyer.โ
Reality: Insurance carriers are trained to minimize what they pay. Adjusters may discourage medical care, rush you to a low first offer, or ask for statements that hurt your case. An attorney levels the field: we control communications, calculate full damages (medical, wage loss, future care, pain and suffering), and negotiate from a position of strength.
Do this instead: Keep it simple with insurers (โIโm getting evaluated and will be in touchโ), decline recorded statements, and call counsel early.
Myth #2: โI Feel OkayโฆI Donโt Need a Doctor.โ
Reality: Adrenaline hides injuries. Concussions, internal injuries, and soft-tissue damage often appear later. Gaps in treatment let insurers argue your pain isnโt related.ย
Do this instead: Get evaluated within 24โ48 hours, follow the treatment plan, and save all records (theyโre evidence).
Myth #3: โI Have Plenty of Time to File.โ
Reality (California): Most personal injury claims must be filed within 2 years (Code Civ. Proc. ยง335.1). If a public entity is involved (City of L.A., County, Metro), a Government Claim is usually due in 6 months, miss it and your case can vanish. Medical malpractice has a different, often shorter timeline.
Do this instead: Call early so we can preserve evidence and calendar every deadline.
Myth #4: โFiling a Personal Injury Claim Is Expensive.โ
Reality: We work on a contingency fee, meaning, you pay nothing upfront and no attorneyโs fee unless we win. Other firms may bill hourly, but you donโt have to choose that model.
Do this instead: Ask about fee structure, case costs, and how liens/medical bills get handled so you understand your net recovery.
Myth #5: โI Canโt Recover Because I Was Partially at Fault.โ
Reality: California uses pure comparative negligence. Even if youโre 90% at fault, you can still recover the remaining 10% of your damages. Insurers love to inflate your percentage; our job is to push it back down with scene evidence, video surveillance, and expert analysis.
Do this instead: Donโt argue fault at the scene. Document what you can; weโll handle liability strategy.
Myth #6: โI Have to Give a Recorded Statement to the Other Driverโs Insurer.โ
Reality: You donโt. Statements are used against you for inconsistencies. Even minor wording differences become excuses to reduce payment.ย
Do this instead: Refer all calls to your attorney. We provide written updates and evidence on our terms.
Myth #7: โThe First Settlement Offer Is the Best Iโll Get.โ
Reality: Early offers rarely account for future medical care, lost earning capacity, or non-economic damages. Theyโre designed to close your claim cheaply, before the full picture is known.
Do this instead: Complete your initial treatment, let us collect complete medicals, and negotiate with full numbers. If needed, we file suit.
Myth #8: โPosting on Social Media Wonโt Affect My Case.โ
Reality: Insurers and defense lawyers scrutinize social media feeds. A single โIโm fineโ post or a smiling photo during recovery can be taken out of context.
Do this instead: Go quiet online. Lock down privacy settings and donโt discuss the case.
Myth #9: โMinor Crashes Canโt Cause Serious Injuries.โ
Reality: Low-speed impacts can still cause concussions, disc injuries, or aggravation of pre-existing conditions. Jurors respond to medical proof, not bumper photos.
Do this instead: Get the right diagnostics (your doctor may order MRI/CT), follow through, and document symptoms day by day.
Myth #10: โAll Personal Injury Cases Go to Trial.โ
Reality: Most cases settle, but preparing like weโre going to trial is why they settle for more. When carriers see weโve preserved video, retained experts, and filed on time, negotiations change.
Do this instead: Choose a firm that litigates, like WCTL, not just one that sends demand letters.
Myth #11: โAny Lawyer Can Handle My Case.โ
Reality: PI (personal injury) is evidence-heavy and deadline-sensitive. You want a local team that knows the adjusters, courts, medical experts, and public-entity rules in your states and local counties.ย
Do this instead: Ask about results in your case type, trial experience, and who actually handles your file day-to-day.
What to Do After an Injury (Quick Checklist)
- Get medical care- See a doctor and listen what they have to say.ย
- Document everything- Take photos, incident reports, witness names, and insurance info.
- Stay off social media-ย Do not post or share anything about the accident, as it can hurt your claim.ย
- Call West Coast Trial Lawyers- Weโll preserve evidence, handle insurers, and track every deadline.
Talk to a Personal Injury Lawyer Today
Every case has moving parts like medical proof, liability disputes, and deadlines. Let us take that weight off your shoulders. Weโll listen, explain your options, and move quickly to protect your claim so you get the maximum compensation.
Call (213) 927-3700 or send a message for a free, confidential consultation with West Coast Trial Lawyers.ย
