Personal injury lawsuits are among the most misunderstood areas of civil law. Fueled by media narratives, political rhetoric, and misinformation, many people hold skewed views about what personal injury claims are—and who files them.
In reality, personal injury law exists to help victims recover from life-altering events caused by someone else’s negligence. Understanding the truth behind common myths can empower injured individuals to make informed decisions rather than avoid legal action based on bad information.
Below, we unpack some of the most persistent myths surrounding personal injury lawsuits—and reveal the facts you need to know.
Myth #1: Personal Injury Lawsuits Are Mostly Frivolous
This myth gained traction due to infamous cases like the McDonald’s hot coffee lawsuit, often misrepresented in the media. Critics argue that the legal system is flooded with baseless claims aimed at extracting easy money.
Fact: Most Personal Injury Cases Involve Serious, Legitimate Harm
The reality is starkly different. The woman in the McDonald’s case, for example, suffered third-degree burns and required skin grafts. The case revealed that McDonald’s had received over 700 prior complaints about coffee burns, yet continued serving coffee at dangerously high temperatures. The jury awarded punitive damages in response to corporate negligence, not consumer greed.
According to the U.S. Department of Justice, only about 4% of tort cases (including personal injury) ever go to trial—and the majority that do involve clear and significant injuries.
Myth #2: People File Lawsuits Just to Make Quick Money
Many believe plaintiffs are motivated solely by greed, hoping to cash in on minor injuries or exaggerated claims.
Fact: Victims Often Face Crippling Medical Bills and Lost Wages
In truth, most plaintiffs file out of necessity. A 2017 study published in the Journal of Empirical Legal Studies found that over 70% of personal injury claimants experience substantial financial hardship due to their injuries. Medical treatment, physical therapy, lost income, and emotional distress can devastate a person’s life.
Rather than “getting rich,” many injured individuals are trying to recover what they’ve already lost.
Myth #3: Insurance Will Cover Everything—You Don’t Need a Lawyer
A common misconception is that insurance companies will automatically do the right thing and offer fair compensation.
Fact: Insurance Companies Often Undervalue or Deny Claims
Insurance adjusters work for the company, not the victim. Their goal is to minimize payouts—not ensure justice. A report by the American Association for Justice outlines tactics used by major insurers, including denying valid claims, delaying settlements, and offering lowball amounts in hopes that desperate victims will accept them.
A personal injury attorney helps level the playing field, ensuring the claim reflects the full scope of damages, including future medical care, lost earning potential, and non-economic damages like pain and suffering.
Myth #4: You Can File a Personal Injury Lawsuit Anytime
Some people believe they can wait years before deciding whether to sue.
Fact: There Are Strict Time Limits Called Statutes of Limitations
Every state imposes a statute of limitations on personal injury claims, typically ranging from 1 to 3 years. Waiting too long can permanently bar you from seeking compensation—regardless of how valid your case is.
See this state-by-state guide to personal injury deadlines to understand your legal window. Once it expires, your rights disappear with it.
Myth #5: All Personal Injury Cases Go to Trial
Another myth is that filing a lawsuit means years in court with expensive legal battles.
Fact: Most Cases Settle Out of Court
According to the U.S. Bureau of Justice Statistics, 95% of personal injury lawsuits are resolved through settlements, not trials. Settlements are often quicker, less stressful, and more predictable than going before a jury.
An experienced attorney negotiates aggressively on your behalf while preparing a strong case—just in case trial becomes necessary.
Myth #6: Hiring a Lawyer Is Too Expensive
Many victims delay action because they believe they can’t afford legal help.
Fact: Most Personal Injury Attorneys Work on a Contingency Fee Basis
This means you don’t pay unless you win. Legal fees are taken as a percentage of your settlement, so there’s no out-of-pocket cost to start your case. This structure incentivizes attorneys to fight for the highest possible compensation and makes justice accessible regardless of your financial situation.
Don’t Let Misinformation Cost You Justice
Misunderstandings about personal injury lawsuits persist—but the facts tell a very different story. These legal actions are not about greed. They’re about helping people put their lives back together after suffering preventable harm.
If you or a loved one has been injured, don’t let misinformation prevent you from exploring your legal rights. Speaking to a personal injury attorney early can clarify your options and ensure you aren’t taken advantage of by insurance companies or time limits. If you’re located in Georgia, Contact The Rodd Firm today