5 Common Misconceptions About Personal Injury Lawsuits

Personal Injury Law Hammer and SignPersonal injury cases are quite common, but there are many misconceptions out there.Movies and TV shows have all aired attorneys litigating in court, but the reality is that Hollywood embellishes a lot, and it is all pure entertainment without much truth.Here are five common misconceptions:

Insurance Companies Will Always Give You The Compensation You Need

Insurance companies often do not give adequate compensation because they try to save themselves as much money as possible. Insurance companies have their own attorneys and experts available to try to settle claims as fast as possible for the least amount of money. If you are injured, you need your own attorney to negotiate and fight for the compensation that you need.

All Lawsuits Go To Court

Many people think that most lawsuits are litigated in court. However, on the contrary, most lawsuits are settled out of court. This minimizes the time it takes for you to receive monetary relief and lowers attorney costs.

When you settle out of court, you won’t have to deal with the stress and frustration of litigation, and you’ll be able to have the process sped up to receive payment faster. Although you never have to accept a settlement offer, it can often be more advantageous to do so.

You’ll Receive More Money If You Go To Court

If you decide to reject an insurance company’s settlement offer and believe you deserve more money for your damages, you can take your case to court. However, before rejecting a settlement offer, you should take into consideration that you may end up with less money and you might not receive anything until much later.

You should calculate the attorney costs, the possibility of receiving a lower relief amount, and the amount of time litigation can take before you receive any money. Your attorney will be able to realistically tell you whether a settlement offer is fair or if you should take your case to court.

You Can File Suit At Any Date

Following the stress, pain, and shock of an injury, you will likely need some time to recuperate before your life returns back to normal. It is easy to procrastinate from contacting an attorney and dealing head-on with a personal injury case.

Additionally, you might not realize you are seriously injured until later on. This is a problem because you only have a limited time to file suit following an injury. Each state has a statute of limitations for how long you have to sue.

All Lawyers Get Paid For Pursuing A Lawsuit

Some people won’t pursue a lawsuit because they assume attorneys will charge them for far too much money. However, that is often not the case. In fact, most attorneys offer free initial consultations to review the facts of someone’s case.

Furthermore, most attorneys work on a contingency basis and won’t even charge until a client wins his or her case. Attorneys sometimes don’t get paid for all their hard work.

Contact Us

When you are personally injured, we believe that you should be compensated. We offer free no-obligation consultations and are ready to speak with you at your earliest convenience. Call us at (716) 907-7777.

What Is Medical Malpractice? 

Medical Malpractice LogoPersonal injury law is not limited to only vehicle accidents. On the contrary, personal injury includes premise liability (slip and falls), products liability, wrongful death, workers’ compensation, and more. Each topic could be its own specialization area with their differing and unique laws, but nevertheless, personal injury attorneys take on all of this.  

Medical malpractice occurs when doctors, nurses, hospitals, or other medical professional personnel or facilities act negligently or carelessly while treating patients. Repercussions can include worsening of an illness/injury, a new illness/injury forming, and even death. Medical malpractice includes many subtopics: 

Doctor Negligence 

Doctors can be negligent in treating their patients when their conduct falls below the standards of a medical professional. Doctors can be negligent by: 

  • Misdiagnosing or failing to diagnose an illness or condition 
  • Improperly treating an injury 
  • Prescribing the wrong medication 
  • Using the wrong procedure or causing damage during surgery 
  • Failing to receive a patient’s consent to conduct a medical procedure 
  • Failing to tell a patient about the risks involved in a treatment or surgery procedure 

Elder Home Abuse And Neglect 

As a person ages, it sometimes makes more sense to have them live in an elder medical facility with professional care available all day and night. It can be a tough decision for families to make and also costly. However, sometimes it’s the best thing for an elderly family member. Even if you select the top-reviewed facility and expect the best, you still run the risk of staff abusing and neglecting its live-in patients while you are not around. Signs of abuse or neglect include: 

  • Unexplained bruises, cuts, or injuries 
  • New illnesses or malnutrition 
  • A patient’s missing or stolen property and money 
  • Poorly maintained premises and rooms 
  • Deadly interactions with prescription medication  
  • Ignoring the patient’s preferences and requests 

Wrongful Death 

A personal representative of someone who passed away may sue for wrongful death when the decedent passes away due to the fault of another person. Doctors and physicians are among the people who may be sued when they were administering the treatment that caused the death. Successful wrongful death lawsuits have been a result of: 

  • Emergency room, surgical, and hospital errors 
  • Misdiagnosing a serious illness, such as cancer 
  • Prescribing medication that a patient cannot handle 
  • Administering fatal amounts of anesthesia 

Compensation 

Medical professionals are held to a higher standard because the lives of people are in their hands. You go see doctors expecting to feel better, not worse. Therefore, you deserve to be compensated when you or a family member is further injured, neglected, or taken advantage of while in the care of doctors and nurses.  

You may be able to receive compensation for expenses that you have to endure such as additional medical bills, loss of income, and the pain endured. Note, however, that each claim has a statute of limitations that allows you to pursue a lawsuit. In New York, a medical malpractice lawsuit must be filed within 2 ½ years. 

Contact Us 

If you believe that you or a family member was harmed because of medical malpractice, you should contact our law firm to speak with one of our experienced attorneys. Keep all relevant notes and documents for proof and references in the future. Call us at your earliest convenience at (716) 907-7777.