Television Vs. Real Life: Being Realistic About What You Will Get Out Of Your Personal Injury Lawsuit
Many people file personal injury lawsuits and have great outcomes. They get restitution for their damages and send a strong message to the guilty party that their behavior was not acceptable. However, because of television dramas and other exaggerated stories, many people have a false idea of what a personal injury lawsuit will really entail. Here are some facts about personal injury lawsuits that will correct some misconceptions that you may have.
1. You Will Most Likely Never See A Courtroom
In the movies, you might see personal injury lawsuits being fought in a courtroom. You might envision two passionate attorneys fighting their case with a jury sitting close by deciding the fate of the suit. This is simply not realistic for the majority of lawsuits. Although there are some cases that will go to court, the majority will settle outside of court. This is generally in the best interest of both parties. Litigating the suit can be very expensive, so avoiding court is actually a good thing! In addition, you can't guarantee that you will get anything out of it. Instead, when you settle outside of court it ensures that both parties reach an agreement and that you get at least some sort of compensation for your suffering. This is why most people settle. Talk with your personal injury attorney to see if settling out of court is in the best interest for your case.
2. Your Winnings Will Be Modest
Another important thing to realize is that your winnings will probably be modest and will simply reflect the money lost from the accident. The majority of damages will be in the form of compensatory damages. They will directly compensate for your losses. These are things like medical bills, missed work days, damaged property, and so forth.
Punitive damages, which are generally the large payouts from companies and individuals in high-profile cases, are rarely granted. The judge will only order those in the most grievous of cases. Thus, you should plan on only getting as much as you can prove in damages.
3. You Will Spend Some Money On The Lawsuit Whether You Win Or Lose
Lastly, you should expect to pay money for the lawsuit whether you win or lose. On television it may seem that the majority of attorneys put all the money up front for the suit and only get paid if you win the case. However, in many cases your attorney will bill by the hour or require that you pay some of the costs upfront, so whether or not you win your case, you may end up paying a few legal fees or filing fees.
None of these things should deter you from filing a personal injury lawsuit, but it should help you be more realistic in what to expect.