Langsam Law LLP

“There is no better advocate in New York, and maybe the universe, to have in your corner.”

Top 5 Misconceptions of Personal Injury Law

Posted May 31, 2016

{1:15 minutes to read} There are many misconceptions surrounding personal injury law. Take our True/False quiz to find out whether you have the story straight!




1. You could lose a lot of money in attorney fees if you lose the case.

False. Most personal injury lawyers work on contingency, meaning you only pay legal fees if your lawyer wins the case.

2. If you already retained an attorney you can’t switch to another attorney without paying both.

False. Contingency fees remain at 1/3 of the total recovery. Changing attorneys will not impact your 2/3 recovery.

3. You can receive compensation for injuries sustained in an accident, even if it is partially your fault.

True. While other states, such as New Jersey, do not allow for compensation when a party is determined to be more than 50% at fault, New York juries assign proportionate shares of responsibility when making their decisions. This comparative negligence concept means that having some fault in the matter does not preclude you from receiving monetary compensation for injuries you sustained.

4. If you don’t go to the hospital immediately after you have been injured, you do not have a case.

False. Of course it is better to seek medical treatment as soon as possible, but pain and suffering can be psychological as well as physical, and can manifest after you recover from the initial shock of your injury.

5. You have to miss a significant amount of time from work before you are eligible for compensation.

False. Lost earnings are only a small part of the compensation you’re entitled to receive. Compensation is based on various factors, and while lost earnings and medical bills are the most obvious losses, the largest part of the recovery in a typical case is the monetization for pain and suffering you have endured and will endure in the future.


Note: Prior results do not guarantee similar results.

Share Button