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“I Would Never Sue Someone – I’m Just Not Like That…”

Posted by Scot D. Goldberg | Jan 13, 2014 | 0 Comments

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As a personal injury attorney, I hear that all the time. There are many people who feel that filing a lawsuit against someone else is not the correct thing to do, and that it just leads to additional costs for the consumer for things like automobile insurance and medical care.

Many Americans think that what we do is ‘frivolous', unnecessary and only bogs down the legal system for people with ‘real' problems.

But I'd like to ask you a couple of questions. If your mother was seriously hurt because she slipped and fell in a puddle of water in the grocery store, would you want her to receive the best medical care, and some financial compensation for her pain and suffering?

If your teenage daughter was hurt in a bad car crash because someone illegally turned into her path on the road, would you still think filing a lawsuit against the other driver was wrong?

In my line of work, I see this every day. Good people who go about their daily lives, trying to be the best they can be, to advance their personal situation in only positive ways, are suddenly thrown into an unbelievable turmoil – through absolutely no fault of their own. In an instant, their lives, and that of their families, are completely out of their control. Serious injuries caused by the crash may leave them unable to work to provide for their families, or in the most tragic of circumstances, a family has no idea how they will even exist because the person who was the primary source of income has been killed in a fatal crash.

Would you still feel that filing a lawsuit is something you'd never do?

After a serious injury caused in car or motorcycle crash, or tripping down a flight of stairs because of a loose railing, so many things begin to happen – and people need help. When a lawsuit for financial damages is filed, it's not against the driver who caused the crash, or the owner of the building with the unsafe stairs. You'll end up having to deal with a barrage of attorneys representing the other party's insurance company. Believe me, they will be extremely aggressive in their efforts to resist paying you anything at all for your injuries, your subsequent medical care and treatment, any rehabilitative therapy you may need, or any wages you are unable to earn as a result of your situation.

There are so many myths and misconceptions when it comes to exactly what is involved in filing a personal injury lawsuit. Most people think that since they carry insurance, they'll be covered. But you need to understand that the highly-trained insurance company lawyers will go to great lengths to make sure they don't end up paying you a dime – or, the very least they can get away with. That's why it's critical that you speak with an experienced personal injury attorney as soon as possible after your accident. Everything – and I mean EVERYTHING – you say following the crash will be used to help them prove that the party they represent was not really at fault in the accident. They are trained to sound like they are just asking you some friendly, casual questions, and most people are caught off guard, not realizing that even the most innocent sounding responses can be construed as an admission of guilt on their part. Having the right personal injury attorney on your side at this time is of the utmost importance. If you agree to accept any form of financial compensation after a crash, you are agreeing to waive all rights to seek any kind of future compensation from that point forward, even if your medical condition seriously worsens, or you lose your job as a result of your injuries.

Many people are also under the misconception that hiring a personal injury lawyer is too expensive, and so never call to get help. First, our experienced personal injury attorneys will sit down and speak with you at no cost. We'll review the full circumstances of your case, and let you know whether you may have a legal right to pursue financial compensation for your property damage and physical injuries. Second, if you end up hiring our firm to represent you, you will only be required to pay any fees or costs if we are successful on your behalf, either in negotiating a financial settlement before the case goes to trial, or through an award determined at the end of a jury trial. Only then will you be responsible for costs and fees – if we are not successful on your behalf, you owe us nothing.

Another myth many people believe is that if they have a cousin or sister who practices tax law or divorce law, they'll be able to take care of them in the event of an accident. In reality, nothing could be further from the truth. At Goldberg, Racila, D'Alessandro & Noone, we don't handle real estate law, commercial business litigation, social security law, or most other areas of the practice of law. Our attorneys are focused on justice for accident victims, and devote 100% of their energies towards helping you receive the fair and just financial compensation you are entitled to under the law. We have attorneys in our firm who spent years working as claims adjustors for major US insurance companies – they know how the other side works, and what to do to fight for your full legal rights.

No one can tell if or when you or someone in your family may suffer serious injuries in an accident. But, we can tell you what to do if you are. Don't make the mistake of thinking you can handle it yourself. One simple phone call is all it takes to ensure your rights are being aggressively represented, and to begin to put your world back together again.

Photo Credit: Francisco Osorio via: imager.io, cc

About the Author

Scot D. Goldberg

Local People. Local Practice. Local Knowledge. Scot Goldberg is a founding partner of the Goldberg Law Firm. See his attorney profile for more information.

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