Some People Are Simply Reluctant to Make a Personal Injury Claim

You Shouldn't Feel Guilty About Bringing a Personal Injury Claim After an Accident

If you have been seriously injured because someone else was negligent, there is nothing to feel guilty or embarrassed about when seeking compensation. I have had clients come into my office who are reluctant even to consult with a lawyer because they feel as though bringing a claim means they are causing trouble for someone else. But if another person's carelessness caused your injuries, pursuing compensation is not about revenge or "sticking it" to anyone—it is about seeking the compensation the law allows for the harm you suffered.

Key Takeaways

• You should not feel ashamed about bringing a legitimate personal injury claim when someone else's negligence causes you harm.
• Making a claim is not the same thing as immediately filing a lawsuit. Many personal injury cases are resolved during the insurance claim and settlement process.
• The purpose of a personal injury claim is compensation, not revenge. A good attorney should help you pursue what you are legally entitled to while setting realistic expectations.
• Do not minimize or hide your injuries because you don't want to be a bother. Failing to tell your doctors about an accident or your symptoms can make it much more difficult to establish causation later.
• Responsible drivers carry insurance for a reason: insurance is intended to provide financial protection when an insured person causes harm to someone else.
• A good personal injury lawyer should be honest with you. Your attorney should not promise an unrealistic result simply to obtain your case.
• If you are injured, take the claim seriously from the beginning. Prompt medical attention and accurate documentation can make a significant difference in how the claim is evaluated.

Why Do Some People Feel Guilty About Bringing a Personal Injury Claim?

Some people simply have a difficult time asking for compensation from another person, particularly when they believe the accident was an unfortunate mistake rather than something intentional. I have had clients tell me, "I don't want to cause any trouble," or even that they feel funny about coming to see a personal injury lawyer. That reaction is understandable, especially for people who are accustomed to handling problems themselves and don't want to take advantage of anyone.

But there is an important distinction between seeking compensation for a legitimate injury and trying to profit from an accident. If another person was negligent and their negligence caused you to suffer medical expenses, lost income, pain, or other damages, California law provides mechanisms for pursuing compensation. You are not doing something wrong simply because you are asking the responsible party's insurance company to honor the coverage that was purchased for situations like this.

Is Bringing a Personal Injury Claim the Same as Suing Someone?

No. One of the biggest misconceptions I encounter is that contacting a personal injury attorney automatically means you are going to file a lawsuit against someone. In reality, many personal injury claims are resolved through negotiations with the insurance company before a lawsuit is ever filed.

An attorney can begin by investigating the accident, gathering medical records and other evidence, determining available insurance coverage, and communicating with the insurance carrier. If the case can be fairly resolved through settlement negotiations, there may never be a courtroom or jury involved. Litigation is one potential step in a personal injury case, not necessarily the first step.

A Personal Injury Claim Is Not About Revenge

A legitimate personal injury attorney should not approach your case as an opportunity for revenge. The objective is to determine what happened, establish who was legally responsible, document the injuries and damages you suffered, and pursue the compensation available under the law.

That also means your attorney should give you realistic advice. A good lawyer should explain the strengths and weaknesses of your case, identify potential problems, and tell you when an expected recovery may not justify the expense or risk of litigation. An attorney who promises you the moon simply to get you to sign a retainer agreement is not doing you any favors.

Don't Let Your Reluctance Cause You to Ignore Your Injuries

One of the biggest problems with being overly reluctant to bring a claim is that people sometimes take that reluctance into their medical treatment. They don't tell their doctors about the accident, minimize their symptoms, or delay seeking care because they don't want to make a big deal out of what happened.

I once represented a client who was extremely reluctant to pursue any kind of claim. He did not want to "bother anyone" and was uncomfortable with the idea of making a claim against another person. Unfortunately, he suffered a serious shoulder injury after a fall caused by someone else's negligence, and his reluctance to report the accident and his symptoms to his doctors ultimately created a significant problem with the insurance company's evaluation of his claim.

The insurance company eventually questioned whether the accident had actually caused his injury because the medical records did not adequately document the connection between the incident and his symptoms. His reluctance had nothing to do with whether he was genuinely injured, but it created an evidentiary problem that could have been avoided if he had simply told his doctors what happened and sought appropriate medical attention.

What If I Don't Want to Take Advantage of the Other Person?

Wanting to be fair to another person is admirable. But pursuing an honest insurance claim after suffering a legitimate injury is not the same thing as taking advantage of someone.

The person who caused the accident may have made an innocent mistake, but that does not mean you should personally absorb all of the consequences of that mistake. If the person carried automobile or other liability insurance, that insurance exists in part to compensate people who are injured because of the insured's negligence. Seeking compensation from the appropriate insurance coverage is part of the system everyone participates in when they purchase insurance.

What If the Other Person Wasn't Trying to Hurt Me?

Most personal injury cases involve accidents rather than intentional conduct. The fact that someone did not intend to hurt you does not necessarily mean they have no legal responsibility for the consequences of their negligence.

For example, a driver may fail to pay attention, follow another vehicle too closely, make an unsafe maneuver, or otherwise drive carelessly without intending to cause an accident. If that negligence causes an injury, the injured person may still have a legitimate claim for damages. Personal injury law is generally concerned with responsibility for the harm caused, not simply whether the person intended for the harm to occur.

How Does Insurance Fit Into a Personal Injury Claim?

Insurance is one of the reasons why you generally should not feel that you are personally "taking money" from the individual who caused an accident. When people purchase liability insurance, they are paying for protection against claims arising from accidents for which they may be legally responsible.

The insurance company evaluates the claim, investigates liability and damages, and, when appropriate, pays compensation within the applicable policy limits. Your claim is therefore generally directed toward the insurance coverage available to respond to the accident rather than simply demanding that the individual personally write you a check.

Of course, every claim is different, and insurance coverage may be limited or disputed. That is one reason it is important to understand the available coverage and the nature and extent of your injuries before deciding how to proceed.

What If I Am Afraid of Being Seen as Someone Who Sues Everyone?

There is a substantial difference between pursuing a legitimate injury claim and filing frivolous lawsuits. Someone who has been genuinely injured because of another person's negligence does not become unreasonable or greedy simply because they seek compensation.

In fact, refusing to pursue a legitimate claim can sometimes leave you responsible for substantial medical expenses, lost wages, and other consequences that you did not cause. You don't have to become someone who "sues everybody" to stand up for your own interests when you have suffered a genuine injury.

What Should I Expect From a Good Personal Injury Attorney?

A good attorney should begin by listening to what happened and evaluating whether you actually have a viable claim. The lawyer should explain the potential strengths and weaknesses of your case, discuss the likely process, and help you understand what evidence will be necessary to support your claim.

Your attorney should also set realistic expectations. No ethical lawyer can guarantee a particular settlement or jury verdict, and you should be wary of anyone who promises an enormous recovery before fully investigating your case. The goal should be to provide honest advice and pursue the best reasonable outcome supported by the facts and applicable law.

What Should I Do If I Am Reluctant to Bring a Claim?

If you are genuinely injured, don't let embarrassment or a desire to avoid conflict prevent you from protecting your legal rights. At a minimum, consider obtaining an initial consultation with an experienced personal injury attorney so you can understand whether you have a legitimate claim and what your options are.

You also do not have to decide during that first consultation whether you are going to file a lawsuit. A consultation can simply give you information about your situation, the potential value and challenges of your claim, and the steps you should take to protect yourself. Once you understand your options, you can make an informed decision about whether pursuing the claim is appropriate.

Frequently Asked Questions

1. Is it wrong to bring a personal injury claim after an accident?

No. If another person's negligence caused you a legitimate injury, seeking compensation for your damages is a lawful way of addressing the consequences of the accident. Bringing a claim does not mean you are trying to take advantage of someone.

2. Am I suing someone if I make a personal injury claim?

Not necessarily. Most personal injury claims begin as insurance claims and may be resolved through negotiation without a lawsuit ever being filed.

3. What if I feel bad about making a claim against someone who made an honest mistake?

You can recognize that an accident was unintentional while still seeking compensation for the injuries it caused. Liability insurance exists in part to provide compensation when an insured person causes harm through negligence.

4. Does bringing a personal injury claim mean I am being greedy?

No. Seeking reasonable compensation for medical expenses, lost income, pain and suffering, and other legitimate damages is different from pursuing an excessive or fraudulent claim.

5. Why is it important to tell my doctors about the accident?

Your medical records can become important evidence concerning the cause and extent of your injuries. If you fail to tell your doctors about the accident or your symptoms, an insurance company may later argue that the condition was unrelated to the accident or that the injury developed somewhere else.

6. What if I don't want to cause trouble for the person who caused my accident?

It is understandable to feel that way, particularly when the accident was not intentional. However, you should not sacrifice your own financial and medical interests simply because you feel uncomfortable pursuing a legitimate insurance claim.

7. Should a personal injury lawyer guarantee how much money I will receive?

No. A responsible attorney should explain the factors that could affect your recovery and give you a realistic assessment rather than guaranteeing a particular result.

8. Do I have to file a lawsuit to receive compensation?

No. Many personal injury cases are resolved through insurance negotiations and settlement before litigation becomes necessary. Whether a lawsuit is appropriate depends on the circumstances of the particular case.

9. What if I am not sure whether my injury is serious enough to make a claim?

Consider obtaining a medical evaluation and speaking with an experienced attorney if you believe someone else's negligence caused your injury. You do not have to decide immediately whether to file a lawsuit simply because you seek legal advice.

10. Why do responsible people carry liability insurance?

Liability insurance provides financial protection when an insured person becomes legally responsible for causing injury or property damage to another person. Pursuing available insurance coverage after a legitimate accident is therefore part of the purpose of the insurance system.