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When you’re hurt because of someone else’s negligence, filing a personal injury claim may feel intimidating—especially when misinformation about lawsuits is so widespread. Scott Scherr at The Payne Law Group often hears from injured clients who are hesitant to pursue the compensation they deserve because of persistent myths about personal injury law. These misconceptions can lead to costly mistakes or missed opportunities for justice.
In this blog, we’ll debunk some of the most common personal injury myths and explain the reality behind each so that you can make informed decisions about your rights and options.
Myth #1: “If I file a personal injury lawsuit, I’m being greedy.”
Reality: This is one of the most harmful myths out there. Seeking compensation for an injury caused by someone else’s negligence isn’t about greed—it’s about fairness and accountability. When you’re left with mounting medical bills, lost wages, and ongoing pain, you shouldn’t have to bear those burdens alone. A personal injury claim is how our legal system ensures that victims can recover and that negligent parties are held responsible.
Myth #2: “I don’t need a lawyer—I can handle it on my own.”
Reality: While it’s legally possible to represent yourself in a personal injury case, it’s rarely advisable. Insurance companies are skilled at minimizing payouts, and without legal knowledge or negotiation experience, you’re at a serious disadvantage. Scott Scherr at The Payne Law Group has successfully handled numerous injury claims, navigating complex legal issues and maximizing compensation for clients who might have otherwise settled for far less than they deserved.
Myth #3: “If I wasn’t seriously injured, it’s not worth filing a claim.”
Reality: Not all injuries appear severe at first. Whiplash, concussions, soft tissue damage, and emotional trauma may worsen over time. Even if you feel “okay” after an accident, a thorough medical evaluation is critical—and so is legal advice. Claims aren’t only for catastrophic injuries; they’re meant to address any loss or harm caused by another person’s negligence.
Myth #4: “I have plenty of time to file—there’s no rush.”
Reality: Every state has a legal deadline for filing a personal injury lawsuit, called the statute of limitations. In Texas, you generally have two years from the date of the injury to file your claim. Waiting too long can mean losing your right to seek compensation entirely. Moreover, gathering evidence, interviewing witnesses, and building a strong case takes time. The sooner you involve an attorney, the better your chances of success.
Myth #5: “Personal injury cases always go to trial.”
Reality: Most personal injury claims are settled outside of court. While litigation is sometimes necessary, experienced attorneys like those at Scott Scherr at The Payne Law Group work hard to negotiate favorable settlements through demand letters, mediation, and direct negotiation with insurance companies. Going to trial is typically a last resort—and many cases never require it.
Myth #6: “The insurance company will take care of everything.”
Reality: Insurance adjusters are not your advocates. Their job is to protect the company’s bottom line—not to ensure you receive fair compensation. Even if the adjuster seems friendly or concerned, don’t assume they’re working in your best interest. Before signing any documents or accepting a settlement, consult with an attorney to understand your true case value.
Myth #7: “Hiring a personal injury lawyer is too expensive.”
Reality: At Scott Scherr at The Payne Law Group, personal injury clients pay nothing up front. We work on a contingency fee basis, which means we only receive payment if we successfully resolve your case. This model ensures that anyone, regardless of financial status, can afford quality legal representation. If your case isn’t successful, you owe us nothing.
Myth #8: “You can file a claim whenever you feel ready.”
Reality: Evidence in personal injury cases—like surveillance footage, accident scene photos, and eyewitness testimony—can disappear quickly. Delaying your claim can weaken your case significantly. Prompt legal action helps preserve this evidence and allows your attorney to build the strongest case possible from the start.
Knowing the Truth Empowers You
The truth is, personal injury law exists to protect people like you—those who’ve been harmed due to another’s carelessness. Don’t let misleading myths prevent you from taking the steps necessary to protect your health, your financial stability, and your legal rights.
If you’ve been injured and you’re unsure what to do next, Scott Scherr at The Payne Law Group is here to guide you through every step. We’ll give you honest answers, help you understand your options, and advocate fiercely for your recovery.
Take the First Step Toward Justice
Misconceptions shouldn’t stand between you and the compensation you deserve. Contact Scott Scherr at The Payne Law Group today for a free consultation. We’re ready to listen, explain your rights, and fight for the outcome you need.