Misconceptions surrounding personal injury law are surprisingly common—and dangerously misleading. These myths can dissuade individuals from seeking legal guidance or asserting their rights after an accident. At Bergeron Clifford LLP we believe that clarity is power. Whether you’re coping with a minor injury or facing a life-altering impairment, don’t let misinformation deter you from pursuing the compensation you rightfully deserve.
Let’s dispel some of the most persistent myths:
Myth #1: “If I’m Partially at Fault, I Can’t Recover Anything”
Reality: Being partially at fault does not disqualify you from receiving compensation. In Ontario, personal injury claims are assessed using the principle of contributory negligence, meaning liability is shared among responsible parties.
For example, if you slipped on ice outside a grocery store while distracted by your phone, a court may find you 20% liable. Even so, you’d still be entitled to recover 80% of the total damages awarded. Liability isn’t all-or-nothing.
Myth #2: “I Don’t Need a Lawyer—The Insurance Company Will Take Care of Me”
Reality: This is one of the most dangerous assumptions you can make. While you may pay premiums, insurance adjusters ultimately act in the interest of their employer, not you. Their objective is to minimize payouts and protect the company’s bottom line.
Having skilled legal representation means having someone in your corner who is solely focused on your best interest. A personal injury lawyer advocates for a fair and full settlement, something the insurer is rarely inclined to offer voluntarily.
Myth #3: “Lawsuits Are for Greedy People Chasing a Payday”
Reality: This harmful stereotype overlooks the real reason most personal injury lawsuits are filed: necessity. The legal system exists to ensure that injured individuals can recover lost wages, cover medical costs, access future care, and obtain fair compensation for pain, suffering, and a diminished quality of life.
Abuses of the system are the exception, not the rule. The majority of claimants are simply trying to rebuild their lives after an unexpected disruption.
Myth #4: “Minor Injuries Aren’t Worth Pursuing”
Reality: Even injuries that initially seem minor can evolve into serious, chronic conditions. What begins as a sore back may lead to long-term pain, limited mobility, and the need for ongoing treatment. Not to mention the lost time from work and mounting medical bills.
You don’t need to be catastrophically injured to have a valid claim. Often, it’s the “small” injuries that quietly inflict lasting impact.
Myth #5: “Filing a Claim Means I’m Suing Someone I Know”
Reality: This is a common concern, especially when the at-fault party is a friend, relative, or coworker. While the claim may legally name that person, it’s their insurance company that ultimately responds to and pays the claim.
Remember, insurance exists precisely for these situations. It’s not personal, it’s a system designed to provide protection when accidents happen. Pursuing a claim is not about punishing someone you know; it’s about ensuring your costs are covered by the insurer they (or you) have paid into.
Final Thoughts
Understanding your rights is the first step toward protecting them. Personal injury law is complex, but it shouldn’t be intimidating. The decision to pursue a claim is not about greed or conflict—it’s about fairness, healing, and ensuring you have the resources to recover.
At Bergeron Clifford LLP, we offer free consultations so you can explore your options without pressure or obligation. If you’ve been injured and don’t know where to turn, we’re here to help.
Contact us today to schedule your free consultation and take the first step toward the justice you deserve.
Burke Derbyshire is a graduate of LaSalle Secondary School in Kingston. Upon graduation, he attended Queens University on an athletic scholarship where he played for the men’s football team. He then completed his law degree at the University of Leicester, United Kingdom, and was a moot court finalist as well as an active member of the Canadian Law Society.
Burke worked at Bergeron Clifford in the summer of 2023 as a summer student, and is now working as an articling student while also completing his NCA exams.
