Charles Flaxman is a personal injury lawyer and head of the Flaxman Law Group, based out of Hollywood, Florida. In this article, he sets the record straight on a few aspects of personal injury law that might surprise you.
- A common myth about personal injury law is that it is always better to settle out of court than to risk losing in trial. While it is true that risks are involved with taking a personal injury case to court, but the fact that an insurance company is offering a settlement alone is a sign that they consider going to trial a risky proposition. Furthermore, if you choose a lawyer who never goes to trial and typically settles personal injury cases, you can bet that any settlement offer you might receive would be lower than if your lawyer posed the risk of taking the case to trial and winning. However, every case is different. Sometimes it is indeed in the client’s best interest to accept a settlement offer, especially when it is fair or when a client has other reasons for wishing to avoid going to trial.
- In most cases, you need to prove negligence on the part of the defendant in personal injury cases. However, there are certain exceptions that concern the matter of strict liability. Strict liability means that a party can be liable for a personal injury regardless of negligence in certain cases, for instance, if the party is involved in a product malfunction or is conducting dangerous business practices, such as storing explosives or training wild animals.
- According to the National Center for Injury Protection and Control, approximately 25% of American children are injured every year, and car accidents are the biggest cause of personal injury and death in child passengers. To protect your children, correctly installing a quality child safety seat in your car, teach your child to look both ways before crossing the street and keep dangerous substances such as medicine and chemicals locked away. But perhaps most importantly, make sure not to leave young children unattended and always know where your older ones are (well, as much as possible).
- The largest settlement ever awarded for an injury was $15,350,000. The damages were awarded to a mother and son from Aurora, Illinois, in a birth-injury settlement following a malpractice lawsuit against a doctor who allegedly endangered the son’s life during childbirth with an incorrect delivery procedure. According to the plaintiff, the son developed cerebral palsy as a result. The settlement also includes damages for suffering and is being used to fund the boy’s medical care. Now before some of you think this mother and child hit the jackpot, ask yourself what price you would put on your mental health.
The information in the article is not intended to substitute for the medical expertise and advice of your healthcare provider. We encourage you to discuss any decisions about treatment or care with an appropriate healthcare provider.
