The Top 5 Myths About Personal Injury Lawsuits Debunked

By Mirman Law

Personal injury lawsuits have been around for centuries, and with that longevity comes plenty of myths and misconceptions. Well, we’re here to set the record straight! In this blog post, we’ll debunk the top 5 myths about personal injury lawsuits, so grab a cup of coffee, put on your thinking cap, and get ready to learn the truth about this important legal process.

Personal injury lawsuits myths

Tort claims are an important aspect of the legal system, allowing individuals who have been injured due to the negligence of others to seek compensation for their damages. However, there are many myths and misconceptions surrounding personal injury lawsuits that can make it difficult for people to understand their rights and options. By understanding the truth about these common misconceptions, you can make informed decisions if you or a loved one has been injured and may be entitled to compensation.

What is a personal injury lawsuit?

Injury lawsuits are legal claims brought by individuals who have suffered physical or emotional harm due to the negligence or intentional actions of another person or entity, such as a company or government agency. The purpose of a personal injury lawsuit is to seek compensation, or damages, to help the injured party recover from their losses, such as medical bills, lost wages, and pain and suffering. Personal injury lawsuits are important because they allow individuals to hold responsible parties accountable for their actions, while also providing a means for injured parties to receive the financial support they need to recover from their injuries and move on with their lives.

Unfortunately, there are many misconceptions and myths surrounding personal injury lawsuits that can make it difficult for individuals to understand their rights and options. Some people believe that personal injury lawsuits are frivolous or a way to get rich quickly, while others believe that they are always easy to win or always go to trial. These misconceptions can lead to confusion and may prevent injured parties from seeking the compensation they deserve.

In this blog post, our very own nyc personal injury lawyer will debunk the top 5 myths about personal injury lawsuits to help you better understand this important legal process.

Myth 1: Personal injury lawsuits are always frivolous.

All personal injury lawsuits are not necessarily frivolous. In fact, the key to successful personal injury litigation is identifying which cases have merit and which do not. Many people believe that all personal injury cases are superficial, but this is not true.

A frivolous lawsuit is one where the facts show that there is no legal cause for recovery. For example, if a person was injured due to another driver’s negligence, but there was no evidence of negligence on the part of that driver or any other party involved in this accident, it would be hard to prove that there is any legal basis for a claim against them.

Myth 2: Personal injury lawsuits are a get-rich-quick scheme.

The truth is that personal injury lawsuits are not a guaranteed way to get rich. However, they are an excellent way to recover damages and provide compensation.

Accident claims are typically filed by the victim of a motor vehicle accident, slip and fall accident or other type of accident. These claims often involve injuries that occur in public places such as stores and restaurants. The victims’ injuries can result from any number of causes including negligence on the part of the victim’s employer, government or another party who may have been responsible for their workplace safety or failure to provide proper training on how to avoid workplace accidents. In addition, some claims may involve product liability cases where a manufacturer has failed to properly warn consumers about the dangers associated with using their products or failing to properly design those products so that they would not cause injuries if used properly.

What compensation is typically awarded in personal injury lawsuits?

Personal injury lawsuits come in many forms and can cover everything from slip and falls to car accidents, defective products and medical malpractice. The types of compensation available in a personal injury lawsuit will depend on the circumstances of your case and your specific injuries. Below is a brief overview of what compensation is typically awarded in personal injury lawsuits:

• Lost Wages: If you were unable to work due to your injuries, then lost wages may be one of the elements of compensation that you receive in your case. Lost wages are the difference between what you earned pre-injury and what you could have earned post-injury if you were able to return to work full time. In some cases, lost wages may also include medical bills and funeral expenses if someone died as a result of their injuries.
• Loss of Consortium: Loss of consortium means that your spouse/partner will no longer be able to enjoy life with you because he or she lost the ability or desire to do so due to your injuries.

Myth 3: Personal injury lawsuits are easy to win.

According to nyc personal injury lawyer, injury lawsuits are often complex and difficult to win. The same could be said for criminal cases, but the stakes are much higher when it comes to personal injury lawsuits because there is so much at stake.

Personal injury lawsuits can involve complex medical records and legal documents. In addition, the defendant may have a large legal team defending against you. You may not have enough time or resources to find all of your own experts in these cases.

Your nyc personal injury lawyer will have to deal with these challenges, but they don’t mean that you can’t win a personal injury lawsuit. If there was nothing wrong with your car, then you wouldn’t be suing for damages related to your accident — you’d just be suing for money damages due to the accident itself.

There are many challenges that can arise in personal injury lawsuits, including the following:

1. The injuries or damages suffered by the plaintiff may be difficult to quantify, such as pain and suffering or emotional distress.
2. The plaintiff may have a medical condition that makes it more difficult for him or her to present proof of his or her injuries or damages.
3. The defendant may have a good defense against the claim and be able to counter-sue for additional damages if the plaintiff prevails at trial.
4. The defendant’s insurance company may refuse to pay out on a claim due to multiple claims (double-dipping), making it very difficult for plaintiffs who want compensation for their injuries.
5. There are other parties involved in a personal injury lawsuit which may also have their own interests at stake, such as an insurance company that pays out on claims but also has its own interests at stake in seeing that they don’t lose money paying out on claims they can’t actually prove occurred.

Myth 4: Personal injury lawsuits always go to trial.

Most personal injury lawsuits are settled out of court. Of the more than 2 million personal injury lawsuits filed each year, only about 10% actually go to trial. In the past, most personal injury lawsuits were resolved by a jury trial if there was a dispute about who was at fault. However, as more and more people began filing claims against their insurance companies for compensation for injuries and damages caused by someone else’s negligence, the number of personal injury lawsuits that went to trial dropped significantly. Today, fewer than 10 percent of all personal injury cases go to trial.

The rest of the cases settle for less than what a plaintiff’s attorney is paid by the insurance company and can be resolved quickly and cheaply. Settlement can be a faster and less expensive way to resolve a case than going to trial.

Myth 5: Personal injury lawsuits are only for physical injuries.

Injury claims can be filed for many reasons, including physical injuries, emotional distress, and even the loss of a loved one. The most common types of lawsuits are negligence cases and insurance claims.

A personal injury lawsuit can be filed for a wide range of damages. It is not just limited to physical injuries. For example, if you were injured at work due to your employer’s negligence and lost your job as a result of it, you may be able to file a personal injury lawsuit against your employer. If an employee was injured on the job and his employer failed to provide him with adequate safety training or equipment, he may have grounds for suing that employer as well.

You also have the right to claim damages for pain and suffering (emotional distress), mental anguish, humiliation, loss of consortium (the loss of companionship), wrongful death and punitive damages.

Conclusion

Personal injury lawsuits are often the difference between getting back on your feet and remaining in a state of financial turmoil. Carefully weigh all of your available options. Don’t make the mistake of assuming that you have only two choices—think about whether arbitration might be a better fit for your individual needs. And always consult an attorney if you have been injured in an accident; never jump right into any sort of legal action. The stakes are too high, and there’s too much to lose.

About the Author

Michele S. Mirman is the founding partner of Mirman, Markovits and Landau in addition to being an award-winning personal injury lawyer with over 43 years experience. She has won over $1 billion in awards and settlements for her numerous, long time clients. Michele is known as a tough negotiator and an excellent trial lawyer. She has served on judicial rating committees for different New York State organizations, earned Lifetime Achievement to America’s Top 100 Attorneys, is recognized as a high stakes litigator and enjoys an outstanding 10 ranking from Avvo.