Injury cases can be extremely contentious, with the insurance company and attorneys not agreeing on the value of the claim. For instance, people commonly differ regarding whether a legal solution with a high payout is required to make up for an injury. On the other hand, some would wonder whether the individual obtained a fair compensation for their incident.
In this context, there are a number of myths when dealing with personal injury lawsuits. Let’s outline the top three:
Myth 1: A Personal Injury Victim Isn’t Entitled to a Large Settlement
Many times when an individual is awarded a large amount, people choose to take one side or the other. One side feels that the settlement is not deserved and that the plaintiff is somehow exaggerating their injuries and mental anguish. The other side feels that the defendant needs to be punished for what they did to harm another person and learn their lesson.
An example is Escola vs Coca-Cola back in 1944. Waitress Gladys Escola was storing glass bottles of Coca-Cola on a shelf when one exploded in her hand. She suffered severe cuts and permanent nerve damage. She filed suit and won, setting a precedent of holding big companies responsible for faulty products.
Sadly, Gladys probably didn’t receive as much compensation as she might have today. The famous Liebeck vs McDonald’s case, where Stella Liebeck won $2.7 million for severe burns on her thighs and pelvic region from spilling hot coffee was considered by many to be a frivolous lawsuit, but Stella only wanted enough to pay for her medical bills and lost wages of $13,000. McDonald’s only offered to settle for $800, leading to a full blown trial and major punitive damages.
Myth 2: Automobile Accidents Can Be Managed Without Involving Attorneys or Insurance Companies
Minor accidents are one thing, but anytime there is an injury involved, there’s no reason that you wouldn’t get assistance from a personal injury attorney. That is why we have insurance: to protect ourselves and others in the unfortunate case of a car accident.
Realistically, the compensation isn’t just for medical bills, but it is also for lost wages and property as well as the fact that your life has been turned upside down by the stress of the incident. Another consideration is that hiring an injury lawyer Lincoln NE doesn’t usually cost the victim anything until the case settles. More than likely a person or insurance company would not offer to compensate you for something you didn’t request.
Myth 3: You Can’t Win a Slip and Fall Case
Slip and fall incidents are a little trickier when it comes to obtaining a settlement, but it is definitely doable. The key is that the person injured in the accident was being cautious and aware of their surroundings and that the property owner was negligent in their responsibility to provide a safe environment.
There have been numerous cases won by individuals who slipped and fell in a store due to an unsafe condition that was noticed by the store’s employees but they failed to take prompt action to remedy the situation. A case such as Hartner vs Home Depot in 2002 is a good example of how a hidden manhole cover caused a woman to injure her knee. Because of video evidence, the woman was awarded over $44,000 for her personal injury.
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