What Are the Biggest Myths About Personal Injury Claims in Lakeland?

November 3, 2025

Dennis Hernandez

Why Do So Many Myths Surround Personal Injury Lawsuits?

Many Floridians misunderstand personal injury claims because of personal injury myths Florida residents frequently encounter through outdated assumptions, misinformation online, or portrayals in movies. However, the truth about pursuing a personal injury lawsuit in Florida is often much more nuanced—and more favorable to accident victims—than most people realize.

Understanding what’s real and what’s not can make a major difference in whether you choose to seek compensation, and how much you recover if you do. Below, Dennis Hernandez Injury Attorneys clears up the most common misconceptions—especially those relevant to accident victims Lakeland and throughout the state.

Can You Still File a Claim If You Were Partially at Fault?

Absolutely. Florida uses a modified comparative negligence rule. This means you can still recover damages even if you were partially to blame for your injuries—so long as you were less than 50% responsible for the accident, according to Fla. Stat. § 768.81(6) (2023).

Many people mistakenly believe that if they’re even 1% at fault, they’re automatically disqualified. That’s simply false. Even if you were slightly distracted or made a split-second mistake, you still may be entitled to injury compensation Florida from the party more responsible.

Are Personal Injury Lawsuits Just About Car Accidents?

While auto collisions are a leading cause of injury claims, they’re not the only one. Personal injury law includes incidents such as:

Slip and fall accidents
Dog bites
Product liability
Medical malpractice
Negligent security at businesses
Workplace accidents involving third-party liability

Your Lakeland personal injury attorney can evaluate whether negligence was involved in any type of incident—not just crashes.

Do You Have to Go to Court to Win Compensation?

These personal injury myths Florida residents often believe are major reasons why some people never speak to a personal injury lawyer in Lakeland. The truth? Most personal injury claims settle out of court. In fact, the U.S. Department of Justice reports that only about 4% to 5% of tort cases actually go to trial.

A strong attorney can often negotiate a fair settlement with the insurer, especially if they know your Lakeland accident law firm is ready to litigate if needed.

Is Filing a Lawsuit Expensive for Injury Victims?

This is one of the most damaging personal injury myths Florida residents believe. With reputable law firms like Dennis Hernandez Injury Attorneys, you pay nothing upfront. Most injury cases are handled on a contingency fee basis—meaning you only pay attorney fees if your case is successful.

You also receive a free case evaluation, so there’s no financial risk in contacting a Lakeland injury lawyer for guidance.

Do You Even Need a Lawyer If the Insurance Company Seems Cooperative?

Insurance adjusters may seem friendly, but their job is to protect their company’s profits, not your future. They are trained to minimize payouts, delay resolutions, or deny claims entirely.

Hiring a litigation attorney Florida signals that you’re serious. It also allows your legal team to gather evidence, value your damages accurately, and push for the maximum settlement—not just what the insurer offers initially.

Can Minor Injuries Lead to Compensation?

Yes, even what seem like “minor” injuries can result in long-term complications, lost income, and pain and suffering. This is especially true for:

Whiplash
Concussions
Back and neck injuries
Soft tissue damage

Florida allows injury victims to seek personal injury damages Florida for both economic and non-economic losses. Always document your injury and speak to an accident lawyer Lakeland FL for help calculating your full losses.

Is It Too Late to File a Claim After Several Months?

Under Florida’s revised statute of limitations (Fla. Stat. § 95.11(4)), you typically have two years from the date of injury to file most personal injury lawsuits. However, some exceptions apply.

Speaking with a Lakeland car accident lawyer promptly is critical. Evidence can disappear, witnesses’ memories fade, and insurers act fast to limit your options. Don’t delay if you think you might have a case.

Are All Personal Injury Lawyers in Florida the Same?

Definitely not. Just as with doctors or mechanics, attorneys differ in experience, resources, and reputation. When seeking a Lakeland personal injury law firm, ask:

Do they focus on personal injury law?
Have they handled cases like yours?
Do they have trial experience?
Have they recovered substantial compensation?

Dennis Hernandez Injury Attorneys has recovered millions and millions for clients across Florida. We’re proud to say: We fight to get you paid!

Can Waivers Prevent You From Suing After an Injury?

Even if you signed a liability waiver—at a gym, event, or recreational facility—you may still be able to file a lawsuit.

Florida courts scrutinize these waivers closely. If the language is vague, overly broad, or against public policy, the waiver may be unenforceable. Let an experienced auto accident attorney Lakeland evaluate your rights under the specific terms.

Is There a Cap on Compensation for Personal Injury in Florida?

Contrary to some personal injury myths Florida residents believe, the state does not impose statutory caps on economic or non-economic damages in most personal injury cases—except for some medical malpractice claims. That means:

No limit on lost wages
No cap on pain and suffering
No cap on medical expenses

A skilled Lakeland wrongful death attorney or personal injury lawyer can build a case that fully values your losses.

Can You Still Sue if the Negligent Driver Has No Insurance?

Yes, if the at-fault driver lacks sufficient coverage, you may be able to:

File a personal injury lawsuit Florida
Use your uninsured/underinsured motorist policy (if applicable)
Pursue the driver’s personal assets

Consult a motor vehicle accident attorney Florida to explore your legal strategy if the other driver has no or minimal insurance.

Are You Guaranteed a Quick Settlement?

There is no standard timeline for a settlement. The process depends on:

The severity of your injuries
Medical treatment timeline
Insurance company negotiations
Whether litigation becomes necessary

While some cases resolve in weeks, others may take months or longer. However, your injury law attorneys Florida will keep you informed throughout the process.

Will You Get Rich From Filing a Lawsuit?

While high-profile lawsuits may result in large verdicts, most personal injury claims are designed to make victims whole—not rich. That includes compensation for:

Medical bills
Lost wages
Future treatment
Pain and suffering

Your accident law firm Florida can help calculate realistic expectations based on similar cases.

What If You Didn’t Go to the Hospital Right Away?

Delayed medical care doesn’t automatically disqualify your claim, but it can weaken your case. Insurance companies may argue your injuries weren’t serious or weren’t related to the accident.

If you haven’t seen a doctor yet, do so immediately. Then speak to a car accident lawyer Lakeland to preserve your legal rights.

Do Most People Win Personal Injury Lawsuits?

With a strong attorney and clear evidence of negligence, yes, many injured victims succeed in recovering compensation. According to the Bureau of Justice Statistics, plaintiffs win approximately 60% of personal injury trials.

However, most cases are resolved through pre-trial settlements. A reputable accident law firm Lakeland can help secure a favorable resolution without the courtroom stress.

Can You File a Lawsuit If You Were Hurt on Someone Else’s Property?

Yes—if the property owner failed to maintain safe conditions, you can pursue a premises liability claim. This is common in:

Slips and falls at businesses
Pool accidents
Unsafe rental properties

A negligent driver accident Lakeland may not be the only party liable if poor premises conditions contributed to your injury.

What Damages Are Available in a Lakeland Personal Injury Case?

Florida law permits several types of damages, including:

Economic (medical bills, lost income, out-of-pocket costs)
Non-economic (pain and suffering, mental anguish)
Punitive (only in rare cases of gross negligence)

A top-rated Lakeland personal injury law firm can present strong evidence of your losses to pursue every available category.

Should You Still File If the Insurance Company Already Offered a Check?

Never accept an insurance offer without legal advice. Early settlement offers often fail to include future medical expenses, pain, or lost earning capacity.

Let a Lakeland injury law firm evaluate the full scope of your damages before signing anything.

Is It Too Late to Start if the Accident Was a Year Ago?

Maybe not. Florida’s two-year statute of limitations means you may still have time. However, waiting can make it harder to gather evidence.

Contact a free consultation lawyer Florida as soon as possible. Time is not always on your side in injury law.

What If the At-Fault Party Denies Responsibility?

Denials are common. That’s why your accident compensation Lakeland team will gather evidence such as:

Police reports
Surveillance footage
Medical records
Eyewitness testimony

Skilled attorneys know how to rebut insurance defenses and hold negligent parties accountable.