As personal injury attorneys, we have heard all the jokes. We understand the feeling of many in the general population that lawyers will take any case to make money, and that there are far too many frivolous personal injury lawsuits clogging the courts.
But is it true? In this blog we take on the stereotype and explain the true reality of those seeking compensation. We can handle the jokes – but we are dedicated to ensuring that those who deserve fair and equitable compensation are not too afraid to pursue a case if it is their right to do so.
Let’s first get this out of the way – yes, of course frivolous personal injury lawsuits do seem to make their way into our court system. But when the outrageous case hits the headlines and is seen by the entire world – remember the famous “hot coffee” case – does that represent the majority of cases which are being pursued?
Statistically Speaking – Frivolous Personal Injury Lawsuits
Here is the reality based on the statistics.
Although some would have us believe that our society is rampantly litigious, the Rand Institute for Civil Justice recently reported that only 10% of Americans who have been injured (car accident, workplace injury or negligence) file a claim for compensation outside of their normal insurance policy. Only 2% will eventually move to filing a lawsuit. So why is the reputation for litigiousness so overblown? It may be a combination of insurance companies or lobbyists trying to “shame” people into not pursuing a rightful claim; or it may be a media hungry for a juicy story which elevates these instances.
The fact remains that most people who suffer injuries do not file lawsuits – and perhaps some of them should. Studies have shown that injured parties may be scared of the possible out-of-pocket cost of legal action, the fear of the time it will consume, or the simple stigma of filing a personal injury lawsuit. Many think that their friends and family, familiar with the daytime commercials from attorney after attorney, will think they are simply shamelessly trying to get money.
The National Center for State Courts ran the data across 26 states regarding civil personal injury lawsuits. They reported that tort cases involving an injured party seeking damages from a negligent party were comprised of less than 3% of all civil cases in 13 of those states – and less than 8% in all states studied. Even product liability cases and medical malpractice cases were revealed surprisingly low numbers, at less than 1% of civil cases combined. Not only that, but the trend shows that tort cases overall are in decline.
So Who is Doing all the Suing? The majority of civil caseload is made up of contract and small claims cases.
What That Means To You
At Probinsky & Cole, we don’t like frivolous lawsuits either. That is why we work so hard with our potential clients to determine the merits of their case before even embarking on a settlement or lawsuit.
But we also think it is important to reassure those who have a valid complaint that they should come forward. After an accident or injury, you may incur medical expenses, property damages and lost wages. In some cases ,these effects will reach far into the future, and you deserve to be able to protect yourself and your family’s security. If you have been injured in an accident due to someone else’s negligence. Whether you are in the Sarasota, Brandon or Orlando area, our experienced personal injury attorneys are here to help you.
