7 Legal Myths Pennsylvania and New Jersey Clients Believe, and the Facts Behind Them

Most people reach a lawyer after acting on something they believed was true: that they waited too long, that they were too much at fault, or that nothing could be done. These seven myths come up constantly in the Philadelphia metro area and across New Jersey. Each one is worth correcting before it affects a claim.

Myth 1: "I can't afford a lawyer"

• Fact: Most personal injury and many employment cases are handled on contingency, so no fee is owed unless there is a recovery.
• Explain the difference between attorney fees and case costs, and why clients should ask about both in the fee agreement.
• Note that New Jersey Court Rule 1:21-7 regulates contingency fee percentages.

Myth 2: "If I was partly at fault, I have no claim"

• Fact: Both states use comparative negligence. Recovery is reduced by your share of fault and barred only if you are more than 50% responsible.
• Use a short example: a pedestrian 20% at fault on a $100,000 claim.
• Mention why admitting fault at the scene or to an adjuster can hurt.

Myth 3: "The insurance company's first offer is fair"

Fact: Adjusters are trained to settle early and cheaply, before the full extent of your injuries is known.

Myth 4: "A denied insurance claim is the final word"

• Fact: Denials can be appealed, and the reasons given often do not hold up against the policy language.
• Cover Pennsylvania's bad faith statute, 42 Pa.C.S. § 8371, and what it can award.
• Explain how New Jersey handles bad faith claims differently.

Myth 5: "At-will employment means my employer can fire me for any reason"

• Fact: At-will has firm limits: discrimination, retaliation, whistleblowing and protected leave are all off-limits grounds.
• Name the key laws: Title VII, ADA, ADEA, PHRA, NJLAD and CEPA.
• Stress the short filing windows, such as 180 days under the PHRA.

Myth 6: "A sexual assault survivor must go to the police before any civil case"

• Fact: A civil lawsuit is separate from a criminal case and does not require a criminal conviction or charges.
• Explain the lower burden of proof in civil court.
• Describe confidential options, including filing under a pseudonym where a court permits it, and note that deadlines may be extended in some cases.

Myth 7: "My neighbor's construction damaged my rowhome, but there's nothing I can do"

• Fact: Property owners can be liable for damage from excavation, lateral support loss and party wall work.
• Tell readers to document conditions before and after, with dated photos and contractor estimates.
• Point to the Pennsylvania Party Wall rules and Philadelphia's local requirements.

The takeaway

Most of these myths share a root: assuming the answer is no before anyone has checked. Deadlines are the one place where waiting does real damage, so get a case evaluated early, and let the facts of your situation decide whether you have a claim.