Many people believe that lawsuits go too far. They believe that individuals misuse the court system in order to seek compensation that they do not deserve.
Others believe that all attorneys are out to threaten litigation in order to seek a quick settlement for cases that have no merit.
The fact of the matter is that many individuals who have been seriously injured in car accidents have no choice but to file a suit against the individual who negligently caused their injury.
What is a frivolous lawsuit
A frivolous lawsuit is a lawsuit which is not grounded in fact or law.
These suits basically have no merit.
When a lawsuit that has no merit is filed, the media goes into a frenzy. Many reporters seem to assume that every case that is filed is a frivolous lawsuit.
Know that the media does not always have the full story when they are reporting on a lawsuit.
The bottom line is that frivolous lawsuits exist, and some attorneys bring these cases into the courtroom.
However, when a judge sees that a frivolous lawsuit has been filed the judge will not let the lawsuit proceed, and the suit will never make it to a jury.
Only cases with merit survive in the court system.
This illustrates the frivolous lawsuit myth that exists today. People who must resort to filing a lawsuit are painted as the aggressor when this is simply not the case. Most cases in the court system today are supported by the facts and the law.
It is important to know what insurance companies and politicians often try to claim that the majority of personal injury cases do not have merit.
For an illustration of this point, consider Liebeck v. McDonalds. A woman spilled coffee in her lap which caused her to have to stay in the hospital for eight days.
The woman simply asked for McDonalds to pay for her medical bills. When McDonald’s refused to provide her with adequate compensation she filed suit.
Many people criticized her about the lawsuit.
However, the general public was not receiving the full story. Liebeck was seriously injured and McDonalds was refusing to offer more than $10,000 in compensation.
This woman simply took action necessary in order to protect her interests.
Why are lawsuits sometimes necessary?
A lot of insurance companies do not treat car accident victims fairly.
These companies have their bottom line in mind and they often refuse to provide adequate compensation to individuals who are victims of car accidents. These victims are left with very few options and one of these options is to file suit in order to receive just compensation for their injuries.
Car accidents can lead to very severe injuries.
Soon after the accident, an individual could be neck deep in medical bills. This can lead to the decision to file a lawsuit.
And unfortunately in Texas, an injured party cannot sue the insurance company of the person who caused the car wreck.
The injured party must sue the actual individual. Sometimes this confuses jurors.
They think, surely there was insurance, why is the Plaintiff not suing the insurance company.
This must be frivolous.
But, it’s the law. For more information on why you can’t sue the insurance company for the person that hit you read our blog here.
Then, after the injured individual files suit the insurance company claims that the suit does not have merit. Insurance companies try to paint a picture that depicts their insured as a victim in the lawsuit.
This is why it is important for people who have been injured in a car accident to retain a lawyer who understands how insurance companies think.
The personal injury lawyers at Hutchison & Stoy have experience fighting for our clients to receive adequate compensation for greedy insurance companies.
Hutchison & Stoy’s approach to Lawsuits
If you have been in a car accident, it is important that you hire a personal injury attorney that has your best interest in mind.
Some attorneys decide to file suit when it is not the best option for the client.
This can result in a waste of time for everyone. Sometimes the client can receive a better outcome during settlement negotiations than they would if they filed a lawsuit.
The lawyers at Hutchison & Stoy offer free case consultations to individuals who are attempting to determine what their legal rights are.
When we complete these case consultations, we are very honest with potential clients. We provide our honest opinion about all of their options.
This approach means that the lawyers at Hutchison & Stoy do not take every case.
Unlike some other attorneys, we value our client’s interest above everything else. We accept cases when the client could actually benefit from our services.
If we believe that the potential client would not benefit from retaining our firm we tell the client our opinion on this matter.
What should I do if I have been injured in a car accident?
If you have been injured in a car accident the first thing you should do is make sure that you did not suffer injury.
It is a good idea to visit a doctor so that you can ensure that you did not suffer injury. After you make sure that your medical needs have been attended to you should seek legal advice.
For more information on what to do after a car wreck, click here.
Sometimes people believe that lawsuits are always frivolous. If you are under the impression that lawsuits are never necessary you should remember that insurance companies often do not have your best interest in mind.
Sometimes it is absolutely necessary to file a lawsuit in order to protect your rights.
Remember that there is a statute of limitations which provides a deadline of when a lawsuit must be filed. This is why it is important for you to discuss your case with an experienced personal injury attorney as soon as possible.
If you have any questions about this article or about your personal injury case contact the lawyers at Hutchison & Stoy.
As discussed in this article, we offer free case consultations to individuals who are attempting to determine what their legal rights are.
At Hutchison & Stoy our clients are our number one priority.
Everything that we do is in the best interest of our clients. Contact us today.
The Warriors For Justice are here to help.