5 Common Misconceptions About Personal Injury Lawsuits

are quite common, but there are many misconceptions out there.Movies and TV shows have all aired attorneys litigating in court, but the reality is that Hollywood embellishes a lot, and it is all pure entertainment without much truth.Here are five common misconceptions:

Insurance Companies Will Always Give You The Compensation You Need

Insurance companies often do not give adequate compensation because they try to save themselves as much money as possible. Insurance companies have their own attorneys and experts available to try to settle claims as fast as possible for the least amount of money. If you are injured, you need your own attorney to negotiate and fight for the compensation that you need.

All Lawsuits Go To Court

Many people think that most lawsuits are litigated in court. However, on the contrary, most lawsuits are settled out of court. This minimizes the time it takes for you to receive monetary relief and lowers attorney costs.

When you settle out of court, you won’t have to deal with the stress and frustration of litigation, and you’ll be able to have the process sped up to receive payment faster. Although you never have to accept a settlement offer, it can often be more advantageous to do so.

You’ll Receive More Money If You Go To Court

If you decide to reject an insurance company’s settlement offer and believe you deserve more money for your damages, you can take your case to court. However, before rejecting a settlement offer, you should take into consideration that you may end up with less money and you might not receive anything until much later.

You should calculate the attorney costs, the possibility of receiving a lower relief amount, and the amount of time litigation can take before you receive any money. Your attorney will be able to realistically tell you whether a settlement offer is fair or if you should take your case to court.

You Can File Suit At Any Date

Following the stress, pain, and shock of an injury, you will likely need some time to recuperate before your life returns back to normal. It is easy to procrastinate from contacting an attorney and dealing head-on with a personal injury case.

Additionally, you might not realize you are seriously injured until later on. This is a problem because you only have a limited time to file suit following an injury. Each state has a statute of limitations for how long you have to sue.

All Lawyers Get Paid For Pursuing A Lawsuit

Some people won’t pursue a lawsuit because they assume attorneys will charge them for far too much money. However, that is often not the case. In fact, most attorneys offer free initial consultations to review the facts of someone’s case.

Furthermore, most attorneys work on a contingency basis and won’t even charge until a client wins his or her case. Attorneys sometimes don’t get paid for all their hard work.

Contact Us

When you are personally injured, we believe that you should be compensated. We offer free no-obligation consultations and are ready to speak with you at your earliest convenience. Call us at (716) 907-7777.

Commercial Truck Driving Consequences 

Blank poster ready truckPeople who drive large commercial trucks for companies are required to obtain special commercial licenses and they must also be more vigilant while driving such massive motor vehicles.


Large trucks have caused severe and fatal wrecks on the highway including pileups and freak accidents.


Each state has its own requirements to obtain a commercial license, but regardless of the requirements, truck drivers are held to a higher standard because of how deadly these vehicles can be.

Vicarious Liability

Companies that hire truck drivers need to make sure that they hire suitable drivers because, with vicarious liability, they can be held liable if one of their drivers is the cause of an accident. Companies need to conduct background checks on their drivers and make sure that they have the correct commercial licenses, especially when driving through interstate traffic.

If a company fails to act reasonably and negligently hires a poor driver, then an accident victim could not only sue the driver, but also the company that hired and provided a company truck to the driver.

Drivers’ Health Problems

Truck drivers are usually required to drive for long hours throughout the day and night. This can lead to many health risks such as:

Sleep Problems

Staying up for excessive hours while staying alert can lead to losing sleep while remaining strained. If a driver falls asleep at the wheel or doses off for a few seconds, it could lead to a severe accident; so many drivers will drink multiple cups of coffee to stay awake and alert. This interferes with drivers’ sleep cycles and forces them to stay awake for many more hours at a time than normal.


Driving alone on the road for many hours at a time can understandably become lonely. Trucks drivers will have to be away from their families and friends and spend a lot of time without human interaction.


Driving a regular car on a day-to-day basis can be stressful as it is, but truck drivers have added stress as they have to handle such a large vehicle, as well as know that they had added pressure to remain even more attentive to smaller cars. Commercial truck drivers know that this is their livelihoods, and they cannot afford to make a silly mistake on the road, as that could cost them their jobs.


Being on the highway and away from home to meet deadlines will inevitably lead to eating at restaurants that will serve a quick meal so that drivers can get back on the road. Eating at restaurants is clearly not as healthy as eating at home, especially if a driver will want a fast meal and opt for a fast food joint.


Although you cannot prevent driving on the road with another commercial truck around, there are ways that you can lessen your chances of an accident. If you see a truck, know that they have lowered visibility and cannot brake as quickly as a light-weight car. Try to stay away from their blind spots and be sure you have enough room when changing lanes in front of a truck. The best thing you can do is to be informed of the dangers of commercial trucks and be on high-alert when near one.

Contact Us

If you or a close family member has been injured in a truck accident, O’Brien Law Firm can help. Contact our skilled attorneys today for a free, risk-free consultation to determine what your options are. Call (716) 907-7777 today so we can help you receive compensation.