Debunking Common Misconceptions About Personal Injury Law
April 9, 2025
At Richard L. Vanderslice, P.C., we speak with many people who are unsure whether they even have a valid personal injury claim.
Often, they've heard something from a friend, read a post online, or made assumptions that stop them from getting the help they need. We’re here to clear up those misunderstandings and offer honest answers based on real experience.
The truth is, personal injury law can seem overwhelming until someone takes the time to explain it. That’s where we come in. Our Philadelphia, PA firm is committed to helping folks throughout the area understand their rights and take the right steps forward.
Myth #1: If You Feel Fine After an Accident, You Don’t Need a Lawyer
This is one of the most common misconceptions—and one of the most harmful. After an accident, adrenaline, and shock can hide symptoms. You might not notice pain for hours or even days. Just because you feel fine right away doesn’t mean you’re not hurt.
We often hear from clients a week or more after an accident who now suffer from:
Persistent neck or back pain
Headaches or memory issues
Swelling or reduced mobility
Sleep disturbances or emotional distress
By then, the opportunity to collect key evidence or notify insurers may already be slipping away. Speaking to a personal injury lawyer early allows us to preserve facts and position your case properly—even if symptoms are just beginning.
Myth #2: Minor Injuries Aren’t Worth Filing a Claim
Another assumption we hear often is that if the injury doesn’t result in surgery or hospitalization, it’s not worth pursuing. However, personal injury law accounts for more than just severe trauma.
Even so-called “minor” injuries can disrupt your life. Consider:
Soft tissue injuries: These may take months of physical therapy.
Concussions: Head injuries can cause memory loss, fatigue, or depression.
Back strain: Often limits our ability to work or care for others.
Emotional trauma: Anxiety after an accident can be just as debilitating as physical wounds.
If someone else's negligence caused your pain—even if it seems manageable now—it still counts. Our job is to explain your options and help you make an informed decision, not pressure you into action.
Myth #3: You Can File Anytime—There’s No Rush
This myth often leads to real consequences. In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of the incident. That may sound like plenty of time, but investigations, treatment, and negotiations can take months.
If we wait too long, we risk:
Losing access to important evidence
Witnesses forgetting details or becoming unavailable
Insurance disputes becoming harder to resolve
Missing court filing deadlines altogether
We encourage our clients to contact us early—even if they’re not sure they want to move forward yet. That way, we can help preserve your ability to make a claim if you decide to take that step later.
Myth #4: The Other Person’s Insurance Will Take Care of It
People often assume that if someone else is clearly at fault, their insurance will step up and cover everything. Unfortunately, that’s not how insurance companies operate. Their main priority is limiting payouts—not helping you recover.
Insurance companies often:
Downplay the severity of your injuries
Offer quick settlements before you understand the full impact
Blame you for part of the incident
Ask for recorded statements to use against you later
Having a personal injury lawyer on your side keeps things fair. We handle communication with the insurer, calculate what your case is worth, and stop those early tactics from undermining your recovery.
Myth #5: You’ll Have to Go To Court
One concern we often hear is, “I don’t want to sue anyone” or “I don’t want to end up in court.” The good news is that most personal injury cases settle outside the courtroom. Our goal is always to resolve your case efficiently and fairly.
Court is only necessary when:
The insurance company refuses to offer reasonable compensation
Liability is strongly contested
There are legal issues that require a judge’s interpretation
In those cases, we’re fully prepared to present your story with care and clarity. However, for the majority of claims, our clients never see the inside of a courtroom—and we’re often able to negotiate outcomes that avoid additional stress.
Myth #6: If You Were Partially At Fault, You Can’t Recover Damages
Pennsylvania follows what's called a “modified comparative fault” rule. That means you can still recover damages for a personal injury—as long as you’re not more than 50% responsible for the incident.
So, for example, if you were rear-ended but had a taillight out, you might be found 10% at fault. If your total damages were $20,000, you'd still be eligible to recover $18,000.
We help you:
Gather evidence to reduce your percentage of fault
Explain your version of the story clearly and accurately
Respond to insurance attempts to shift blame unfairly
Just because you might share some responsibility doesn’t mean you don’t have a case.
Myth #7: You’ll Get Rich From a Personal Injury Claim
Some people hesitate to file because they believe it’s all about “getting a big payday.” Others file expecting massive checks. In reality, most personal injury claims aim to make people whole—not wealthy.
Compensation often covers:
Medical bills and ongoing treatment
Lost wages and future earnings
Pain, suffering, and emotional distress
Property damage or loss
We’re here to help you rebuild your life after an accident—not promise unrealistic results. Our focus is always on fairness, stability, and helping you recover what you’ve lost.
Myth #8: Personal Injury Lawyers Are Too Expensive
We understand the hesitation. Legal representation can sound expensive—especially when you’re already facing medical bills or missed work. However, personal injury law is different.
Our firm works on a contingency fee basis, which means:
You don’t pay anything upfront
We only get paid if you recover compensation
Our fees are a percentage of the settlement or verdict
This structure allows us to work with people from all walks of life. Whether the case is large or small, we’ll treat it with the same dedication. You focus on healing—we’ll handle the legal details.
Myth #9: You Only Need a Lawyer If the Case Is Complicated
Even seemingly straightforward accidents can become legally challenging. What starts as a simple rear-end crash may involve disputed liability, delayed injuries, or uncooperative insurers. We’ve seen it happen many times.
Having a lawyer involved early helps us:
Preserve valuable evidence
Connect you with the right medical providers
Build a clear and well-supported case from the start
Prevent missteps that could weaken your claim
There’s no harm in reaching out for a consultation, even if you’re unsure about the next step. We’ll walk through everything together and help you decide what’s best for you.
Myth #10: Filing A Claim Makes You “One Of Those People”
We understand that some folks feel uncomfortable about making a personal injury claim. They worry about being seen as opportunistic or dramatic. However, protecting your health, your family, and your future is not selfish—it’s responsible.
If someone else caused harm, it’s not only fair—it’s necessary—to hold them accountable. Medical care, income loss, and emotional strain affect more than just you. They affect your loved ones, too.
We’re here to advocate for you in a way that feels honest and grounded. No pressure. Just straight answers, supportive representation, and a focus on what’s right.
Reach Out to Our Attorney Today
At Richard L. Vanderslice, P.C., we’re committed to clearing up the myths around personal injury law so that real people can make real progress. Whether you’ve been in an accident, suffered an injury, or just have questions, we’re here to listen and help. We serve clients in Philadelphia, Pennsylvania, as well as Philadelphia County, Montgomery County, and Delaware County. Get in touch with us today.