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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every personal injury case is unique, and outcomes depend on the specific facts and circumstances involved. For guidance tailored to your situation, consult a licensed attorney.
Fear, guilt, and misinformation stop thousands of injured people from pursuing the compensation they are legally owed every year. Maybe someone told you that lawsuits are only for greedy people or that hiring a lawyer costs too much upfront.
These are not just harmless misunderstandings. They are myths that directly benefit insurance companies and the parties responsible for your injuries.
Below, we break down seven of the most persistent myths about personal injury lawsuits using data from federal agencies, independent research organizations, and current Louisiana law so you can make decisions grounded in facts, not fiction.
Whether you were hurt in a car wreck, a workplace incident, or a slip and fall, this guide is for you.
This is perhaps the most damaging myth of all—and the data thoroughly debunks it. According to research cited by the Center for Justice and Democracy, only about 2% of injured Americans ever file a lawsuit.
Just 10% file any type of claim at all. Tort cases represent roughly 6% of all civil court filings nationwide, according to the National Center for State Courts. The vast majority of civil litigation involves business-to-business or contract disputes, not injured individuals seeking fair treatment.
Filing a personal injury claim is not about being litigious. It is about holding a negligent party accountable and recovering compensation for medical bills, lost wages, and pain that someone else caused.
Courts also have strong safeguards against baseless filings. Under Federal Rule of Civil Procedure 11, attorneys face sanctions if they submit claims without a good-faith basis in law and fact.
You do not. The standard fee arrangement in personal injury law is a contingency fee, which means your attorney only gets paid if you win.
Under a contingency agreement, neither the client nor the lawyer receives money unless the case is successful. The typical contingency fee ranges from 33% to 40% of the settlement or verdict, with the national average at approximately 32% according to a survey published by Nolo.
This arrangement does two important things. First, it removes the financial barrier that keeps many injured people from seeking legal help.
Second, it functions as a built-in quality filter. Personal injury attorneys in Louisiana invest their own time and resources into every case they accept, which means they are unlikely to take on claims they do not believe have merit.
This is one of the most common fears people have, and it is almost always unfounded.
Data from the Bureau of Justice Statistics shows that approximately 95% to 97% of personal injury cases settle before ever reaching a courtroom. Of the millions of civil claims filed each year, only a small fraction proceed to a jury or bench trial.
Most cases are resolved through negotiation between your attorney and the at-fault party’s insurance company. This process typically involves exchanging demand letters, reviewing medical documentation, and going back and forth on a fair number.
A trial becomes necessary only when the two sides cannot reach a fair agreement. Even then, having an experienced trial attorney on your side often motivates the opposing party to settle rather than risk an unpredictable jury verdict.
An injury does not need to be catastrophic to deserve compensation. The Bureau of Justice Statistics reports that the median civil trial damage award is approximately $28,000, and more than 60% of successful plaintiffs receive awards of $50,000 or less.
A Nolo survey found that over half of personal injury claimants received payouts between $3,000 and $25,000.
What many people consider “minor” can still involve significant medical bills, missed work, ongoing physical therapy, and real daily pain.
Louisiana law allows you to recover compensation for all documented economic and non-economic damages, regardless of whether the injury required surgery or hospitalization.
Dismissing your own claim as “not serious enough” often benefits no one except the party who caused your harm.
Insurance companies are businesses. Their primary obligation is to their shareholders, not to the people who file claims against their policyholders.
91% of claimants who hired an attorney received a payout, compared to just 51% of those who handled claims alone. The average payout with legal representation was $77,600 versus $17,600 without an attorney. Even after paying a standard contingency fee, represented claimants took home roughly three times more.
These numbers are not a coincidence. Insurance adjusters are trained negotiators whose job is to minimize what the company pays out.
They may request recorded statements, pressure you to accept a quick lowball offer, or dispute the severity of your injuries. Without legal representation, you may not fully understand the value of your claim or the tactics being used against you.
This matters even more in Louisiana following the 2024–2026 tort reform changes. Under Louisiana Civil Code Article 2323, the state now uses a modified comparative fault system with a 51% bar.
If an insurance company can push your share of fault to 51% or higher, you recover nothing. Having an experienced attorney is critical to ensuring your fault percentage is accurately assessed and not artificially inflated.
While complex cases can take time, the typical personal injury case does not last as long as most people expect.
Cases that involve clear liability, well-documented injuries, and cooperative insurance carriers can be resolved in a matter of months.
Factors that may extend the timeline include ongoing medical treatment (your attorney will often wait until you reach maximum medical improvement to ensure a complete valuation of your damages), disputes over fault, the involvement of multiple parties, or the need for expert testimony.
The timeline often depends more on the complexity of your specific case than on anything inherent to the legal process itself.
You can still recover damages even if you share some responsibility for the accident, as long as your fault does not reach 51%.
Louisiana Civil Code Article 2323 now provides that a plaintiff who is less than 51% at fault can recover compensation, with the award reduced proportionally by their percentage of fault. For example, if you are found 30% at fault and your total damages amount to $100,000, you would recover $70,000.
This is something insurance companies will try to exploit. Adjusters may attempt to assign you a greater share of blame to reduce or eliminate the payout entirely.
An attorney can investigate the facts, gather evidence, and present your case in a way that accurately reflects what happened.
Louisiana’s prescriptive period was extended from one year to two years under Louisiana Civil Code Article 3493.1, effective July 1, 2024.
While two years provides more breathing room than the previous one-year window, it still passes quickly. Waiting too long can result in lost evidence, faded witness memories, and ultimately, a forfeited right to file.
Myths about personal injury lawsuits exist because they serve the interests of insurance companies and negligent parties, not yours.
At the Ikerd Law Firm, we believe that every injured person deserves honest answers and experienced representation.
Attorney Chad Ikerd has represented thousands of clients throughout his career and secured millions in personal injury settlements for people across Lafayette, Louisiana.
Whether you are dealing with a car accident, an 18-wheeler wreck, a workplace injury, or medical malpractice, we are here to help you understand your options at no upfront cost.
Call (337) 366-8994 today for a free consultation.
No. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. You do not owe anything if the case is unsuccessful.
Medical malpractice claims generally have a shorter one-year deadline from the act or from discovery of the malpractice, and in no event more than three years from the act or omission, under R.S. 9:5628.
The standard contingency fee ranges from 33% to 40%, with the national average at approximately 32%. This fee is only collected if the case results in a settlement or verdict in your favor.
Yes, as long as you are less than 51% at fault. Under Louisiana Civil Code Article 2323, your recovery is reduced by your percentage of fault. If your fault reaches 51% or more, you are barred from recovery entirely.
Most likely not. Approximately 95% to 97% of personal injury cases settle before trial. Your attorney will pursue every available avenue to negotiate a fair settlement before litigation becomes necessary.
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