10 Myths About Filing a Lawsuit — Debunked

Myth #1: Lawsuits Are Only About Money

False: Most lawsuits are about accountability, justice, and getting your life back on track, not greed. Legal claims provide a legitimate pathway for victims to recover from genuine losses and assert fundamental rights. Most people who file lawsuits have suffered significant losses (medical, financial, or personal) and are simply seeking fair compensation for damages caused by another party’s negligence.

Myth #2: Only “Serious” Injuries Are Worth a Lawsuit

False: Even “minor” injuries can lead to lost wages, medical bills, and chronic pain that deserve compensation. Sometimes, damages from seemingly minor injuries have a surprising way of spiraling out of control. While you may walk away from an accident feeling relatively normal, there’s always the possibility of developing chronic pain, infections, or other delayed health problems down the road.

Minor injuries can cost thousands of dollars in medical care, and insurance providers frequently offer inadequate compensation for these injuries. That’s why consulting with an attorney about any injury, regardless of its initial severity, is always a wise decision before accepting any settlement.

Myth #3: If I File a Lawsuit, I’ll Have to Go to Court

False: Over 95% of personal injury cases are settle before going to trial.. For every 100 personal injury cases filed in the United States, only about four or five actually go to trial. The vast majority end with settlements reached outside of courtrooms, saving everyone time and resources.

If your case is straightforward with ample evidence pointing to the responsible party, your attorney may be able to reach a reasonable settlement agreement with the defendant as soon as your medical treatment is complete. Both parties typically prefer to limit legal fees and save time by reaching agreements among themselves.

Myth #4: Lawsuits Take Forever to Resolve

False: While some cases take time, many resolve in months, especially with effective legal representation. If you have a strong case and documented injuries, you may reach a settlement within weeks. Many straightforward cases are resolved within 6-12 months, though more complex cases may take longer.

The timeline depends on various factors including the complexity of your case, the extent of your injuries, and the willingness of both parties to negotiate. An experienced attorney can help expedite the process and ensure you receive fair compensation in a timely manner.

Myth #5: Filing a Lawsuit Is Too Expensive

False: Most personal injury lawyers work on a contingency fee basis,you don’t pay unless you win. This system makes quality legal representation accessible to people of all economic backgrounds without prohibitive upfront costs.

Despite what some might tell you to discourage legal representation, the data is clear: insurance adjusters offer significantly more money to claimants with representation than they do to people who represent themselves. When adjusters see unrepresented claimants, they often see an opportunity to offer low settlements and push hard to make sure they’re accepted by unsuspecting victims.

Myth #6: I Can’t Sue Because I Was Partly at Fault

False: In most states, comparative negligence laws still allow compensation even if you were partially responsible for the accident. You can receive compensation proportional to the other party’s fault, so you shouldn’t dismiss a valid case without consulting a legal professional.

Even if you believe you might have contributed to the accident in some way, modern legal systems recognize that responsibility can be shared, and this shouldn’t prevent you from seeking justice for the portion of damages caused by others.

For official information on comparative negligence laws in your state, visit the American Bar Association’s resource page, which provides guidance on state-specific tort laws and liability standards.

Myth #7: The Insurance Company Will Take Care of Everything

False: Insurance companies aim to pay as little as possible to protect their bottom line. A lawyer ensures your rights are protected throughout the claims process. Insurance companies—even your own—are not on your side. They are publicly traded multi-billion dollar corporations that exist for their shareholders’ benefit, which is why they often hope their policyholders will accept low initial settlements.

With an attorney, you’ll face far less pressure and stress from dealing with claim adjusters yourself. In fact, you won’t have to deal with them at all. Your attorney can handle all communication with insurance companies so that you can focus on recovering physically and mentally.

For helpful information about your rights when dealing with insurance companies, visit the National Association of Insurance Commissioners consumer portal, which offers guidance on insurance claims and consumer protections.

Myth #8: Suing Someone Means I’m Hurting Them Personally

False: Lawsuits are typically against insurance companies or institutions, not individuals personally. Being injured on a family member’s property, bitten by their dog, or struck by their vehicle can cause tremendous stress. Most accident victims in this position are torn between taking the right actions for themselves and protecting the interests of their loved ones.

What many don’t realize is that when you file a claim, it will often be their insurance company paying for your losses, damages, and suffering, not the individual. Most defendants have insurance specifically designed to cover these situations, whether it’s homeowners insurance, auto insurance, or business liability coverage.

Myth #9: I Have Plenty of Time to File a Lawsuit

False: Statutes of limitations vary by state and case type, and waiting too long can permanently bar you from filing. One of the most important facts about personal injury cases is that there are clearly defined limits to how long injury victims can wait before filing.

Moreover, waiting any significant length of time to file can work against you. With each day that passes, the responsible party may assert that other factors contributed to your injuries. The sooner you seek treatment and document the harm you’ve sustained, the sooner the claims process can be started and the easier it will be to hold the other party accountable.

To understand the specific time limits that apply to your case, check the Cornell Law School’s Legal Information Institute website, which provides comprehensive information about statutes of limitations across different jurisdictions and case types.

Myth #10: If I Didn’t Go to the ER, I Don’t Have a Case

False: Delayed symptoms are common, and you can still file a claim if you sought medical care days later. Not all injuries present symptoms immediately after an accident. Conditions like whiplash, concussions, and soft tissue injuries may not become apparent until days or even weeks after the incident.

What matters most is that you sought appropriate medical attention when symptoms appeared and that you can establish a link between the accident and your injuries. Medical documentation, even if not from the ER, can still provide crucial evidence for your case.