3 common misconceptions when hiring a personal injury lawyer Is hiring a personal injury law firm worth it?

Personal injury lawyers receive a bad reputation due to personal opinions. One main complaint against personal injury lawyers is that we charge too much. Great lawyers are expensive and you are paying for years of experience and their understanding of the legal process.

Misunderstandings about personal injury firms

1. There is the oft-voiced complaint of lawyers charging too much. Yes, good lawyers are expensive, but you are paying for years of experience, a thorough knowledge of governing statutes and case law, as well as their understanding of the legal process. Incidentally, personal injury attorneys work on a contingency basis. You are not charged for their services until you receive compensation for your claim. Many firms, including Warshafsky Law, have a policy that if we don’t win your case, you don’t owe a dime.
2. The unending flow of news stories on high-profile cases which have convinced many Americans that lawyers routinely file frivolous lawsuits against businesses to shake them down for as much money as possible. The truth, however, is no attorney working on a contingency basis would ever take on a meritless case.
3. Many Americans view personal injury lawyers as shameless “ambulance chasers” who will hound accident victims in body casts to hire them to file suit. In their minds, we rank somewhere between a common crook and con man on the decency scale.

And yet, when people are seriously injured by the negligence of others, facing astronomical medical bills and, in many cases, a lifetime of pain or paralysis from their injuries, the notion of being compensated for one’s injuries suddenly begins to look quite reasonable. Also, it quickly becomes apparent an attorney is necessary to negotiate the maze of the legal process.

How did society get to the point of turning to lawyers and the courts to settle grievances, anyway? It all started back in 1789 with James Madison…

A little thing known as the Seventh Amendment

The seventh amendment to the Constitution, first introduced by James Madison (prior to being a US President), established the right to seek compensation through the court system for harm caused by the negligence, ineptitude or carelessness of others. The legal term for this is “compensatory redress,” although it’s often shorthanded to “compensation.”

Basically, if you’ve been injured or had property damaged by someone else, you have the right to seek financial compensation for your losses. Often, in cases that merit it, punitive damages can also be awarded. Without the legal right to seek redress through the court system, society would be reduced to vigilante justice.

Warshafsky Law on frivolous lawsuits

The media loves to run stories on lawsuits where huge amounts of money are awarded for seemingly laughable injuries. Yet key facts are usually left out.

Some years back, there was a lot of publicity about a 79-year-old woman who was burned by a cup of McDonald’s coffee. The case became the poster child for every negative stereotype about lawyers and frivolous lawsuits. Everyone was incredulous: $2.86 million for spilling a little hot coffee! Who wouldn’t endure a little burn for that kind of money?

What the headlines didn’t tell you is that the woman spent 8 days in the hospital having multiple skin grafts to treat third-degree burns on her thighs, groin, genitalia and buttocks, followed by two years of ongoing treatment. They also didn’t tell you the woman had initially tried to settle directly with McDonald's for $20,000 to cover the medical expenses she incurred and medical expenses she anticipated having. McDonald’s’ response? $800, take it or leave it. Nor was there any mention of the McDonald’s store manager testifying in court their coffee was too hot to drink when served because, at 185-degrees, it would cause severe burns to the mouth and throat. Also not covered in news stories was the fact the jury award of $2.86 million (the equivalent of 2 days of coffee sales for McDonald's) was reduced by the judge to $640,000, then renegotiated in a private, out-of-court settlement.

For most people, their perspective on lawyers changes drastically if they become the victims of someone else’s carelessness, or lose a loved one because of it. Things like a spouse spending the rest of their life in a wheelchair because someone recklessly flew through a red light and T-boned their car have a way of quickly changing opinions. Then they want payback, and rightfully so.