3 Common Myths About Personal Injury Lawsuits

At Phillips & Associates, we often hear a range of misconceptions from clients and prospective clients regarding personal injury claims. Unfortunately, these myths can prevent injured people from asserting their rights or making informed decisions. Below, we break down three of the most common myths and set the record straight.

Myth #1: "If I'm Partially at Fault, I Can’t Recover Anything"

This is one of the most widespread misunderstandings about personal injury law. Many people believe that if they bear any responsibility for an accident, they are automatically barred from recovering compensation. In California, that is simply not true.

California follows a pure comparative negligence rule, which means that even if you are partially at fault, you can still recover damages. Your compensation is simply reduced by your percentage of fault. For example, if you are found to be 30% at fault for an accident, you can still recover 70% of your total damages from the other responsible party. Never assume you are ineligible to pursue a claim without first speaking to an experienced attorney.

Myth #2: "Personal Injury Lawsuits Are Always About Big Payouts"

The media often focuses on large jury verdicts or settlements, giving the impression that personal injury claims are about "getting rich." In reality, most injured people are simply trying to be made whole — to get back what they lost due to someone else’s negligence.

Medical bills, lost wages, and ongoing treatment costs can quickly overwhelm accident victims. Personal injury lawsuits are about securing compensation to cover these real and often devastating losses. In most cases, the goal is not a "windfall," but fair and just compensation for physical, emotional, and financial harm.

Myth #3: "I Can Handle the Insurance Company on My Own"

While you technically can negotiate directly with an insurance adjuster, doing so without legal representation often puts you at a serious disadvantage. Insurance companies are profit-driven businesses that routinely undervalue claims or seek to deny them altogether.

An experienced personal injury attorney understands how to properly evaluate your claim, document your damages, and push back against lowball offers. Insurance companies take cases more seriously when a knowledgeable advocate is involved — often leading to significantly better outcomes for injured clients.

The Bottom Line

Believing in these common myths could leave you undercompensated or without a valid claim. At Phillips & Associates, we are committed to guiding our clients through the process, ensuring they receive the compensation they deserve. If you have questions about your personal injury claim, we are here to help. Call us at (818) 348-9515 for a free consultation today.