Accidents happen, and they’re often caused by factors that are highly preventable. If an accident such as a car crash or a medical mishap happens, and it’s caused by negligence, the injured party can very well sue for damages and reimbursement for rehabilitation costs.
However, like many things, personal injury cases are hounded by many myths that stop many from taking full advantage of them. In this article, the most common myths about personal injury litigation are presented and discussed. Extra care is taken to really separate fact from fiction in every discussion.
Monetary rewards from personal injury cases can make the plaintiff rich
For some reason, the news and many other media outlets like to present personal injury cases as money-making machines. They love to talk about how this person gets millions out of a case that they filed against some large hospital or institution. While the monetary figures are factual, not putting them in the right context is a real issue in this kind of reporting.
Personal injury compensations are based on facts delivered by experts. The money is given not to change the recipient’s socioeconomic status but to help them recover and live life as normally as they did before the accident. If experts say that the amount for medication is this, then that’s what’s going to be awarded.
There is no way the plaintiff can maximize the amount that they get
Just because decision-making in personal injury cases is based on facts doesn’t really mean that plaintiffs cannot maximize the amount that they get. There are several ways a person can demand more than what is suggested. And the very first step is to undergo all the relevant tests to determine all that has gone wrong as a result of the personal injury. A car crash victim, for example, can claim compensation for psychological trauma on top of all the wounds and fractures.
Also, when negotiating amounts, the plaintiff should also be future-looking. Recovery takes time and there are tasks that they can’t do, or jobs that they can’t hold as they heal. If such tasks can be fairly monetized, then it can be considered as a loss that stems directly from the recovery process. Of course, plaintiffs need the help of a personal injury lawyer in order to more effectively push for such arguments.
Just because they’re hurt, it already means that they can sue
Before talks about money come to be, personal injury cases often start out trying to establish accountability. For example, a worker hurt himself while grinding meat using a machine. On the surface, this looks like a work-related personal injury so the bosses should have some sort of responsibility over the worker. However, upon closer inspection, it is seen that the worker did not follow standard procedures. They did not unplug the machine as they were emptying it for the next batch, and that’s why when they accidentally pushed the button they got hurt.
One of the most important things to establish in personal injury cases is culpability. If the plaintiff fails to demonstrate that it’s the other party who was negligent, then they won’t even have a case to talk about.
Aside from getting a good lawyer, the plaintiff must have intimate knowledge of their case. They should know what it is and what it is not. This not only helps in setting expectations straight, this also helps in making more directed attacks against the defendant.