ARE MOST PERSONAL INJURY CLAIMS FRIVOLOUS?
| Are there more personal injury lawsuits than ever before? Are most personal injury claims frivolous? That’s what many people believe! Yet surprisingly, that is not the case. While the population has continued to grow, personal injury lawsuits have actually decreased by 21 percent since 1991. Jury trials for personal injury cases decreased 52 percent between 1992 and 2005. This particular study concluded that the myth of frivolous lawsuits is largely an invention of big businesses attempting to scare the American public into giving up their rights. As an example, most everyone has heard of the McDonald’s hot coffee lawsuit, and the myths about the case have grown as years passed, with most people believing the plaintiff received millions of dollars. In reality, the elderly woman was hospitalized for eight days for third-degree burns, and required multiple skin grafts. The coffee which burned her was a full fifty degrees hotter than normal coffee. McDonald’s was well aware of this fact, having received numerous complaints in the past. Finally, the suit was only instigated after the woman requested $20,000 to cover her hospital expenses and was denied. A jury eventually allocated 20 percent of the responsibility to the woman and awarded her $640,000. The facts of the case hardly stack up to the legend. HOW & WHEN TO FILE A PERSONAL INJURY CLAIM If you have been injured by the negligence of another, you might decide to file a personal injury claim; a personal injury settlement would occur when the defendant—or the defendant’s insurance company—agreed to pay you a specific amount of money. The vast majority of personal injury cases end in a settlement rather than a jury verdict, with many settling before a lawsuit is ever filed. Both sides will determine what they think the case is worth, based primarily on what a jury would be likely to award the plaintiff should the case go to trial. Similar cases may be researched to determine what level of damages were awarded. If there are any unique circumstances in your personal injury case, these will be factored in. Further Reading: Understanding Compensation After a Car Accident Settlement offers may fly back and forth for weeks or even months. As each side gains a better idea of whether the plaintiff will have a successful outcome at trial, the amount may fluctuate up and down. When an acceptable offer is negotiated, a settlement agreement will be signed and the case will be officially “dropped.” While there may be no “average” personal injury amount, by referring to similar cases you and your attorney can likely come up with a median settlement, whether through litigation or negotiation. The median amount is no more than the middle range of all similar cases combined, although there could be a huge range between high and low. CONTACT OUR PERSONAL INJURY LAWYERS If you or someone you love is injured in an accident through another person’s negligence, it is important to explore all of your legal options. You may need to file a personal injury lawsuit in order to recover the money you need to fully recover and put your life back on track. Contact Lakewood attorney Andrew Bubb at (303) 807-6187 today for a FREE CONSULTATION and review of your case. |