11 Jul The Truth About Lawsuits – An Easy Way to Get Rich?
There are many misconceptions when it comes to how lawsuits work.
Many people unfortunately have this idea that lawsuits are an easy way to get rich. Filing a lawsuit is a last-resort option when it comes to a personal injury or wrongful death, and taking a case to court can be very stressful, confusing, and incredibly complex. Today we’ll look at some of the reasons why you shouldn’t think of a lawsuit as a winning lottery ticket.
It’s important to realize that the law exists to impart justice and fairness to all, and to compensate those who may have suffered damages due to the negligence of another. Essentially, personal injury lawsuits are used to recover what you’ve lost. Our firm has a passion for helping those who've been seriously injured, and we will aggressively fight for every penny our clients deserve. This does not mean though, that we will be unscrupulous about it. A lawsuit is not something to be taken lightly, and we do not believe in unnecessarily burdening the court system with a frivious or meritless claim.
Don’t Believe The Cases Sensationalized By The Media
Many times, the public only hears about the nonsensical lawsuits in the news. A story about a burglar suing the homeowner for shooting him will get a lot more attention than a story about a family suing another driver for causing a fatal car accident. Did you hear about the man who fell asleep at a MLB game and sued the announcers for $10 million after they poked fun at him on the air? Remember that anyone can file a lawsuit for anything, but that does not mean that the case has merit or will even make it to court.
Multi-million dollar class action lawsuits, and even individual cases netting tens of millions in damages make their rounds in the media too, but you have to understand that every case is unique. Sound like the plaintiff won millions for something that appears to be his own fault? Trust me, there’s more to the story. Juries don’t award people money unless it can be shown that the other party is legally responsible.
Lawsuits Should Be a Last Resort
As mentioned before, filing a lawsuit is the last resort. It’s always prudent to look at a situation objectively and find out if it’s possible to come to a resolution without involving the courts. Going to court costs more money, involves more time, and most importantly, has an uncertain outcome.
When you hear about a medical malpractice victim winning $3 million in court, know that this covers more than just pain and suffering. A serious injury can cause someone to lose their ability to work. The money you would have earned working until retirement is now taken away from you and your family. Serious injuries can also require a lifetime of care, rehabilitation, medication, future surgeries, and more. All of these damages are factored in to a personal injury award.
Punitive Damages Aren’t What They Seem
Punitive damages are what the jury will (very rarely) award you in order to punish the at-fault party. For instance, the McDonald’s hot coffee case made headlines because of the punitive damages that the jury awarded the victim. McDonalds had received over 700 claims from people burning themselves due to the coffee being brewed at incredibly high temperatures (above the industry norm). As a result of McDonald’s willful negligence, the jury awarded the victim $2.7M (McDonalds’ revenue for 1 days’s coffee sales). The victim did not seek these punitive damages, but at the same time, the jury wanted to teach McDonalds a lesson. Oftentimes the only way to do that with a huge company is to hit them in the pocketbook. As a sidenote, the judge later reduced the final verdict in this case to $640,000, and the parties ended up settling for a confidential amount before an appeal had been decided.
It’s important to note that punitive damages are almost never awarded unless the actions of the defendant were exceptionally egregious. On top of that, even if a jury awards you punitive damages, the judge can (and often does) reduce these damage awards (like was done in the McDonalds case) or they throw them out altogether.
All this being said, I’d like to reiterate that every case is unique. The best way to determine if you have a good case is to speak with an experienced lawyer. Doing so is free (with most law firms), and there’s no risk or obligation. You can always call Rasansky Law Firm and chat with one of our attorneys FOR FREE at 1-877-659-1620.
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