Myth: shared fault always ends the claim
An ordinary California negligence claim is not automatically defeated merely because the injured person shares responsibility. Comparative fault can reduce recoverable damages. The details and legal theory matter, so neither a casual admission nor an adjuster’s percentage should substitute for a review of the evidence. Attorney Norman Gregory Fernandez addresses this and four other misconceptions in the accompanying video.
Myth: liability means the insurer agrees on value
Even when responsibility seems clear, an insurer may dispute injury causation, treatment, future needs or the amount of loss. Preserve records that support each part of the claim. An insurer’s investigation is not inherently improper, but its position should be evaluated against the facts. Keep communications and avoid treating a friendly conversation as a promise to pay everything requested.
Myth: medical bills produce an automatic settlement
There is no universal multiplier that accurately values every injury case. Medical evidence, lasting limitations, income loss, available coverage, responsibility and collectibility can affect the evaluation. A large bill does not itself establish a large recovery. Ask counsel to explain the evidence and assumptions behind a valuation, including how fees, expenses and reimbursement claims may affect the amount ultimately received.
Myth: the filing deadline is the only reason to act
Evidence may disappear before the deadline to sue. Footage can be overwritten, witnesses become harder to find and conditions change. Different claims can also involve different notice and filing requirements. Obtain advice early rather than relying on a general time limit found online. Save original photographs, documents and messages while the events are still fresh.
Myth: every injury lawyer requires a large upfront fee
Many injury matters are handled under a contingency agreement, where the attorney fee depends on a recovery. Fees and case costs are distinct, and the written agreement should explain the financial arrangement. Ask how expenses are advanced, how deductions are calculated and what happens if there is no recovery. A consultation is an opportunity to understand the terms as well as the merits of the case.
General information, not legal advice. Viewing this article does not create an attorney-client relationship. Outcomes and applicable requirements depend on the facts.
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