4 Personal Injury Myths

Car crashes, slip and falls, DUI wrecks or trucking accidents are all likely to end up with someone getting hurt.

When a victim has sustained a personal injury as a result of someone’s negligent, careless or reckless conduct, that person is probably going to make a claim for injuries.

There can be no doubt that you have heard friends, neighbors or family members talk about making claims, how much a claim is worth, what should be done in the claim process or even what can be claimed.

However, there are many myths that circulate about personal injury cases and how the process works. We have clients come to us regularly with unusual ideas about what damages can be claimed and how a case will proceed. Many of these ideas are somewhat misguided and some are just dead wrong.

The problem is that too many people see how things work on television and think that this is reality. They hear from a friend who got some unbelievable amount of money and wasn’t even hurt (the key term here is unbelievable). The reality is that you cannot substitute these ideas for an experienced Albequerque injury attorney who knows the law and how to handle a personal injury case.

In order to help dispel some of the common myths, our blog will address some of the common myths that we see with clients.


1. Personal injury claims are easy money. FALSE

There can be no doubt that personal injury claims are often difficult to prove. You are often dealing with an adjuster who is looking for ways to keep you from getting money. They want to trick and cheat you. Documenting your injuries and presenting them to the insurance company is often difficult and complicated.

Determining how much insurance should pay for your pain and suffering can be difficult. Insurance adjusters are trained to deny reasonable claims for medical costs and lost wages. It is safe to say that most cases are not easy to resolve with insurance carriers.

2. It is not worthwhile to make a claim for minor injuries. FALSE

Personal injury cases handled by the Whitener Law Firm range from catastrophic injuries like wrongful death or paralysis to simple whiplash or strain/sprain type injuries.

Even simpler injuries can lead to lost wages, pain and suffering and loss of enjoyment of life. Even minor injuries sometimes lead to high medical bills to alleviate acute or chronic pain. Many people are surprised by how expensive conservative treatment for seemingly minor injuries can be.

3. Your personal injury lawyer can guarantee that you will win money. FALSE

If you go to an attorney for a consultation and he starts making you promises about what kind of results he will get, then it is time to look for a new lawyer. There are no guaranteed results in a given claim.

There may be probabilities (ie. bad claims, good claims, and strong claims) but anyone who wants to make a claim should realize that there can be no guaranteed success.

4. You will get more money without a personal injury lawyer. FALSE

The reality is that personal injury cases are often complicated and usually well-defended by insurance defense attorneys. While it is impossible to say that nobody ever got more money without an attorney, it is unlikely in most circumstances.

Insurance company adjusters know that you cannot go it alone and this often means that your negotiating strength is limited. Few injury victims can competently litigate a case and the chances of success are limited.

When you have a personal injury lawyer, you can rely on his experience when negotiating and assessing the claim and he can guide you in making the best decisions under the particular circumstances of your case.


When you are injured due to someone else’s negligence, you may quickly feel overwhelmed. Victims are often faced with difficult questions about how to get medical treatment, where to take their car, what benefits they are entitled to and how to get compensated fairly.

The personal injury attorneys at Whitener Law Firm can handle your case and help guide you through the process with more than 90 years of combined legal experience.

If you were injured due to someone else’s negligence, call Whitener Law Firm to find out what we can do to get you the money you deserve. For a free consultation regarding a personal injury claim, contact us at 505-883-7877.

There is NO FEE unless we win your case.