Charles Flaxman is a personal injury lawyer and head of the Flaxman Law Group. Here he clears up some more common misconceptions regarding personal injury law.
A lot of myths are floating around regarding personal cases, settlements and the parties involved. Sometimes these misconceptions cause people to have unrealistic expectations for what to expect from a personal injury claim, and sometimes they have the opposite effect and cause people to hesitate to file a just claim or rush to accept a settlement. You might not be surprised to learn that many of these myths are perpetrated by insurance companies, since they have the most to gain from discouraging people with legitimate costs and losses from pursuing compensation for a personal injury. The following are some of the more common myths about personal injury law.
Myth #1: Punitive damage awards serve no purpose other than to line the pockets of plaintiffs.
Fact: Some people’s immediate reaction to hearing about cases that pay out in the millions is that the injured party can’t possibly deserve that much money. But punitive damages are only awarded in cases where there was intentionally egregious conduct on the defendant’s part. So the purpose of punitive damages is to punish and deter such behavior more than to reward the plaintiff. The occasional windfall a plaintiff may receive from punitive damages, and these windfalls are indeed rare, is actually promoting safe consumerism.
Myth #2: Getting injured is like winning the lottery.
Fact: Insurance companies and others in favor of caps on damages like to make it seem like juries are anxious to give away money to plaintiffs. But the fact is that juries can be quite resistant to awarding large sums of money. And in many cases, members of the jury will believe a plaintiff is trying to “game the system,” regardless of the severity of the injury. It’s important to remember that many people actually do suffer real and sometimes disabling or life-threatening personal injuries, and that’s a losing proposition for any plaintiff regardless of payout.
Myth #3: If your personal injury case is legitimate, you can count on fair treatment from the insurance company.
Fact: Insurance companies are just like any other companies, profit driven, except when insurance companies lower their costs they’re affecting lives. Some people assume that insurance adjusters will do the right thing, but this is all too often not the case. In fact, it is the insurance adjuster’s job to pay out as little as possible, and this is the number one reason you need an attorney that will level the playing field on your side.
Myth #4: If you’re offered a settlement, it’s OK to proceed without legal aid.
Fact: Personal injury is a complex area of law that’s beyond the scope of most laypeople. And while you are not legally required to have legal representation for a personal injury lawsuit, an attorney will be able to ensure that your rights are protected in court, that you are aware of what kind of settlement you expect, and deter insurance companies from taking advantage of you in other ways.
