Debunking Common Myths About Personal Injury Lawsuits
Published in Personal Injury on May 12, 2025
Reading Time: 6 minutes
At Sweeney Merrigan Personal Injury Lawyers, we understand that the decision to pursue a personal injury lawsuit can feel overwhelming, especially when misconceptions cloud your judgment. Based in Boston, Massachusetts, our team, with over 100 years of combined experience, is dedicated to helping injury victims across the state navigate the legal process with clarity and confidence. Personal injury lawsuits are often misunderstood, leading to myths that deter deserving individuals from seeking justice. These cases, whether stemming from car accidents, slip and falls, or medical malpractice, provide a critical path to compensation for medical bills, lost wages, and pain and suffering. In this blog post, we debunk the most common myths about personal injury lawsuits in Massachusetts, empowering you with the facts to make informed decisions about your claim.
Myth 1: Personal Injury Lawsuits Are Always Frivolous
One pervasive myth is that personal injury lawsuits are frivolous, filed by opportunistic individuals seeking quick payouts for minor issues. This misconception, often fueled by media portrayals of exaggerated claims, overlooks the legitimate purpose of these lawsuits in Massachusetts.
Reality: Personal injury lawsuits are a vital mechanism for holding negligent parties accountable and compensating victims for genuine losses. In Massachusetts, plaintiffs must prove that the defendant’s negligence directly caused their injuries, a standard that filters out baseless claims. For example, a pedestrian hit by a distracted driver may suffer a traumatic brain injury (TBI), requiring extensive medical care and rehabilitation. Far from frivolous, their lawsuit seeks to cover these costs and address the profound impact on their life. According to the Bureau of Justice Statistics, only 4-5% of personal injury cases are frivolous, with most addressing serious injuries like fractures or spinal cord damage. At Sweeney Merrigan, we carefully evaluate each case to ensure it has merit, focusing on securing fair compensation for verifiable harm.
Myth 2: You Can File a Lawsuit Anytime After an Injury
Many believe there’s no time limit to file a personal injury lawsuit, assuming they can pursue a claim years after an accident when they’re ready. This myth can lead to missed opportunities for compensation in Massachusetts.
Reality: Massachusetts imposes a strict statute of limitations for personal injury claims, generally three years from the date of the injury (Massachusetts General Laws Chapter 260, Section 2A). For wrongful death claims, the limit is three years from the date of death, and medical malpractice claims must be filed within three years of discovering the injury, with a seven-year cap from the incident date (Massachusetts General Laws Chapter 260, Section 4). Missing these deadlines typically bars your claim, regardless of its validity. For instance, if you delay filing a claim for a slip and fall that caused a broken hip, you may lose the right to recover medical expenses. Our attorneys act swiftly to gather evidence and file within these timeframes, ensuring your case remains viable.
Myth 3: Personal Injury Lawsuits Always Go to Trial
The assumption that every personal injury lawsuit ends in a lengthy courtroom battle discourages some victims, who fear the time, cost, and stress of a trial. This myth misrepresents the resolution process in Massachusetts.
Reality: Most personal injury cases—approximately 70%, according to Nolo—settle before trial through negotiations with insurance companies or the at-fault party. In Massachusetts, settlements are common in cases with clear liability, such as a rear-end collision causing soft tissue injuries, where evidence like police reports and medical records supports the claim. Trials, which may take 20 months for car accident cases or 31 months for medical malpractice, are reserved for disputes over liability or damages. For example, a premises liability case involving a disputed icy sidewalk might proceed to trial if the property owner denies negligence. At Sweeney Merrigan, we prepare every case as if it will go to trial, strengthening our leverage during settlement talks to maximize your compensation, but we aim to resolve cases efficiently when possible.
Myth 4: If You’re Partially at Fault, You Can’t Sue
Some victims believe that any degree of fault on their part, such as not paying attention while walking, prevents them from filing a lawsuit. This myth can deter those with valid claims from seeking justice in Massachusetts.
Reality: Massachusetts follows a modified comparative negligence rule (Massachusetts General Laws Chapter 231, Section 85), allowing you to recover damages if you’re less than 51% at fault, though your award is reduced by your percentage of fault. For instance, if you’re 20% responsible for a car accident because you were speeding slightly, and your damages total $100,000, you can still recover $80,000. However, if you’re 51% or more at fault, you recover nothing. In a slip and fall case, if you tripped on a hazard but were distracted by your phone, we can argue the property owner’s failure to maintain safe conditions was the primary cause, preserving your claim. Our attorneys use evidence like surveillance footage to minimize your fault and maximize recovery.
Myth 5: Hiring a Lawyer Is Too Expensive
The cost of legal representation is a common concern, with many assuming they can’t afford a personal injury attorney, especially when facing medical bills and lost wages. This myth overlooks how personal injury law firms operate in Massachusetts.
Reality: Most personal injury attorneys, including Sweeney Merrigan, work on a contingency-fee basis, meaning you pay nothing upfront, and we only collect a fee if we secure a settlement or verdict. Typically, the fee is a percentage of your recovery, agreed upon in advance, ensuring no out-of-pocket costs. For example, if we recover $200,000 for a TBI from a motorcycle accident, our fee comes from that amount, not your pocket. This model aligns our interests with yours, as we’re motivated to maximize your compensation. In Massachusetts, contingency fees are regulated to ensure fairness (Massachusetts Rules of Professional Conduct, Rule 1.5). We also cover case expenses, like expert witness fees, upfront, relieving your financial burden.
Myth 6: Insurance Companies Will Offer a Fair Settlement
Many victims trust that insurance companies will provide a fair settlement without legal intervention, assuming adjusters have their best interests at heart. This myth can lead to accepting inadequate offers in Massachusetts.
Reality: Insurance companies prioritize profits, often offering low settlements to minimize payouts. In Massachusetts’ no-fault car accident system, your own insurer covers initial medical costs up to $8,000, but pursuing additional damages from the at-fault party requires proving serious injury or costs exceeding $2,000 (Massachusetts General Laws Chapter 231, Section 6D). Adjusters may downplay injuries like whiplash or dispute emotional distress claims, as seen in cases where social media posts are used to question damages. For instance, in a dog bite case, an insurer might offer $10,000 for medical bills, ignoring long-term psychological harm. Our attorneys counter these tactics by presenting comprehensive evidence, including medical records and expert testimony, to negotiate fair settlements or litigate if necessary.
Myth 7: Personal Injury Lawsuits Only Cover Physical Injuries
A common misconception is that personal injury lawsuits are limited to physical injuries, like fractures or cuts, excluding other forms of harm. This myth can prevent victims from seeking compensation for non-physical losses in Massachusetts.
Reality: Personal injury lawsuits in Massachusetts cover both physical and non-physical damages, including emotional distress, mental anguish, and loss of consortium. For example, a bystander who witnesses a fatal car accident involving a loved one may file a negligent infliction of emotional distress claim, provided they show physical symptoms like insomnia and a close relationship to the victim. Non-economic damages, such as pain and suffering or loss of enjoyment of life, are recoverable in cases involving severe injuries, like spinal cord damage from a construction accident. In medical malpractice cases, non-economic damages are capped at $500,000 unless exceptional circumstances apply (Massachusetts General Laws Chapter 231, Section 60H). We work with mental health experts to document these losses, ensuring all damages are compensated.
Why Choose Sweeney Merrigan For Your Personal Injury Lawsuit
At Sweeney Merrigan, we’re committed to dispelling myths and providing clear, honest guidance to injury victims in Massachusetts. Our Boston-based attorneys meticulously investigate each case, gathering evidence like crash reports, medical records, and witness statements to build a compelling claim. Whether you’ve suffered a soft tissue injury in a car accident or emotional distress from a workplace incident, we tailor our approach to your unique needs, negotiating with insurers or litigating in court to secure maximum compensation. Working on a contingency-fee basis, we cover all costs upfront, so you pay nothing unless we win. Our collaborative team uses advanced technology, from AI-driven analytics to 3D accident reconstructions, to strengthen your case while maintaining the personal touch that sets us apart.
Contact Sweeney Merrigan Today
Don’t let myths about personal injury lawsuits stop you from seeking the compensation you deserve in Massachusetts. At Sweeney Merrigan Personal Injury Lawyers, we’re here to cut through the misinformation, offering experienced advocacy to help you recover medical expenses, lost wages, and more. Call us today at (617) 391-9001 or contact us online at https://www.sweeneymerrigan.com/contact/ for a free consultation. With no fees unless we win, you can trust us to fight for your rights, empowering you to focus on healing and moving forward.