7 Common Myths About Personal Injury Law You Shouldn’t Believe

When it comes to personal injury law in Texas, misinformation is surprisingly common. Whether it’s something you heard from a friend or read online, these myths can lead to poor decisions, delayed claims, or even lost compensation. Unfortunately, believing the wrong advice can make a tough situation even worse.

Understanding your legal rights and how the personal injury process really works is essential if you’ve been hurt due to someone else’s negligence. The truth is, many commonly held beliefs about personal injury claims are flat-out wrong and clearing them up can make a big difference in the outcome of your case.

We’re setting the record straight by debunking 7 of the most common myths about personal injury law. If you’ve been hurt, don’t let bad information stand in your way. Let’s clear up the confusion.

Myth #1: You Can’t File a Claim If You Were Partially at Fault

FALSE. Texas follows a modified comparative negligence system, which means you can still recover compensation if you were partially at fault as long as you weren’t more than 50% responsible for the accident. Under Texas law, your compensation is reduced by your percentage of fault. So, if you’re found to be 20% at fault for an accident, your total recovery would be reduced by 20%. However, if you’re found to be 51% or more at fault, you won’t be able to recover anything at all.

Imagine you were involved in a car accident where the other driver ran a red light, but you were speeding. A court determines that the other driver was 80% at fault and you were 20% at fault. If your damages total $100,000, you’d still be able to recover $80,000. Believing that partial fault disqualifies you from filing a claim could prevent you from seeking compensation you’re legally entitled to. Always consult an attorney before assuming you’re out of options.

Myth #2: Personal Injury Lawsuits Are Always About Greed

FALSE. This is one of the most damaging and misleading myths out there. The truth is, most people who file personal injury claims in Texas aren’t looking to get rich, they’re simply trying to recover the costs of medical treatment, lost wages, and other real-life expenses caused by someone else’s negligence. In many cases, an injury can lead to thousands of dollars in medical bills, not to mention time off work, physical therapy, and long-term care. Filing a claim isn’t about being greedy; it’s about making sure you’re not financially devastated by someone else’s mistake.

Letting the fear of judgment or stigma stop you from asserting your rights can leave you stuck with bills that legally should be someone else’s responsibility. Seeking fair compensation isn’t about greed, it’s about justice and stability.

Myth #3: You Don’t Need a Lawyer— Insurance Will Take Care of Everything

FALSE. Insurance companies are businesses focused on minimizing payouts and protecting their profits. While adjusters may sound helpful, their primary goal is often to settle your claim for as little as possible, and as quickly as possible. Sometimes insurers will push for a quick settlement offer before the full extent of your injuries are known. They may downplay the severity of your injuries or argue that they were pre-existing. A personal injury attorney will accurately calculate the full value of your claim, handle negotiations with insurance companies, gather evidence to build a strong case, and push back against delay or denial tactics.

Having an attorney isn’t about starting a legal battle. It’s about making sure your rights are protected and you receive fair compensation.

Myth #4: Personal Injury Cases Always Go to Court

FALSE. A common misconception about personal injury claims is that they inevitably lead to a dramatic courtroom battle. In reality, the vast majority of personal injury cases are resolved through settlements, not trials.

There are several reasons why settlements are so common and often preferable. Settling a case usually means a faster resolution, sometimes within a matter of months rather than the years a trial can take. It’s also significantly less expensive, as it avoids court fees, expert witness costs, and other litigation expenses. For many clients, a settlement brings peace of mind, eliminating the emotional stress and public nature of a trial. Most importantly, settlement gives both parties more control over the outcome, unlike a jury verdict, which can be unpredictable.

The settlement process typically begins after your attorney conducts a thorough investigation of your claim. From there, your lawyer will draft a demand letter outlining the facts of your case and the compensation being sought. What follows is a negotiation period where both sides exchange offers and counteroffers until a fair agreement is reached. While your case likely won’t end up in court, having an experienced attorney is still essential. A strong lawyer not only strengthens your negotiating position but also ensures you’re ready for trial if the insurance company refuses to offer a fair settlement.

Myth #5: You Have Plenty of Time to File a Claim

FALSE. Many people believe they have all the time in the world to file a personal injury claim, but this is one of the most dangerous misconceptions out there. The reality is, in Texas, you generally have two years to file a claim from the date of the accident. Missing this deadline, even by a single day, can mean losing your right to seek compensation entirely. That’s why it’s crucial to act quickly, not only to meet legal deadlines, but also to preserve critical evidence. The sooner you begin the process, the better your chances of building a strong, well-supported claim.

Waiting too long can weaken your negotiating position. Insurance companies are well aware of these deadlines and may delay or deny claims, hoping you’ll miss your chance to take legal action. Consulting with a personal injury attorney soon after your injury ensures you understand the specific deadlines that apply to your case and protects your right to full and fair compensation.

Myth #6: Minor Injuries Aren’t Worth Pursuing Legally

FALSE. It’s easy to dismiss a personal injury claim if you feel your injuries are “minor” at first, but this can be a costly mistake. Many injuries that seem insignificant immediately after an accident can worsen over time or have delayed symptoms that don’t appear until days or even weeks later. Conditions like whiplash, concussions, internal injuries, or soft tissue damage may not be obvious right away but can lead to chronic pain, limited mobility, or the need for ongoing medical care.

What feels like a minor ache today could turn into a long-term issue tomorrow, especially if left untreated. That’s why it’s important to get a full medical evaluation after any accident, even if you think you’re fine. In addition to protecting your health, early documentation of your injuries creates a critical paper trail that supports your legal claim. Waiting too long to seek care can not only worsen your physical condition, but also give insurance companies an excuse to argue that your injuries aren’t serious or weren’t caused by the accident.

Pursuing a claim doesn’t mean you’re overreacting, it means you’re protecting yourself. Legal action ensures that if complications arise later, you won’t be left footing the bill alone. Understanding your rights and options early on helps you make informed decisions and avoid being blindsided down the line.

Myth #7: Hiring a Personal Injury Lawyer is Too Expensive

FALSE. Many people hesitate to hire a personal injury attorney because they worry about the cost. However, most attorneys work on a contingency fee basis, which means you don’t pay anything upfront. Instead, your lawyer only gets paid if you win your case, taking a percentage of the settlement or judgement as their fee.

If your claim isn’t successful, you typically owe no attorney fees at all. This arrangement makes legal representation accessible to everyone, regardless of financial situation. Plus, most lawyers offer free initial consultations, so you can discuss your case and options without any risk or cost.

Don’t Let Myths Stand Between You and Justice

If you or a loved one has been injured, don’t let myths or misinformation hold you back from getting the justice and compensation you deserve. The legal process can be complex, but you don’t have to navigate it alone.

Reach out today for a free consultation with an experienced attorney who can evaluate your case, answer your questions, and guide you every step of the way. Protect your rights—your recovery starts with taking that first step.