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Personal Injury Cases True and False

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Personal injury cases or exactly what are at present lambasted as frivolous cases, which include medical malpractice, car accidents or any harm induced from the negligence by another person, are increasingly being blamed for several things. They’re blamed for the increasing fees of insurance premiums, of the decline of doctors, and as one could put it the degeneration of “Western civilization as we know it today.” A lot of things are being blamed on tort laws we wouldn’t a bit surprised should they also pin the Kennedy assassination on it.

Because of this countless myths surround wrongful acts laws that, ultimately, they genuinely become frivolous in the sight of a great deal of people. Below are a few truths which are untrue:

1. Frivolous cases are already swamping the judicial system.

Truth is there’s really no such thing as frivolous cases. What they call frivolous has merit to them to warrant a victory in the court or a settlement deal from it. In a 2006 research, it was proven that 97% of medical malpractice cases have actually demonstrated negligence of doctors, 80% of these have either taken the life of the patients or have disabled them for life.

Another case in point is the fact that federal cases have outnumbered tort cases since 1985. Personal injury cases happen to be minimizing ever since then.

2. Settlement prices are too excessive and too improbable for the losses.

Consider the famous Erin Brockovich case as an example. Although it was a class action suit, case such as this is a personal injury increased by a hundred. She stumbled upon a big organization which was dumping toxic waste which was poisoning the folks in town via their water system. As a result the townspeople were suffering from illnesses which include cancer.

The case was a landmark because the settlement deal had been a substantial 333 million dollars and was the largest settlement deal of all time. Now you ask: is $333 million sufficient compensation for endangering the health of so many townspeople? 

However, if we’re to go by figures rather than the emotional path of the Brockovich tale, by 2001 personal injury awards have declined 56.3%. Medical malpractice pay outs have already been going down throughout the years. And the Bureau of Justice Statistics demonstrates 3 out of 4 medical malpractice trials have lost their cases in the recent years. 

3. Tort cases are filed at the tiniest injury.

The truth is when compared to the many injuries happening in America with the carelessness of other folks, only 1 in 8 people file cases versus those who did this to them. Most of the time, those who are majorly hurt let go of the situation. If we’re seeing a lot of personal injury cases, it’s because there are just a lot of personal injury cases out there.

4. Medical physicians are on the decline.

With medical malpractice suit hanging above the heads of surgeons while they hold the scalpel over a beating heart, it was said that people who desire to practice medicine are swiftly shrinking. It has been referred to as a perishing industry.

Truth: Professional medical practice is thriving more than ever before. Since 1990 folks entering medicine have been rising. As lawyers would point out, “There is not one shred of evidence to suggest that medical malpractice claims are forcing doctors to close their doors.”

Frivolous cases and ambulance chasers, as personal injury lawyers are known as even in Arizona, have had a beating. However in this age of casual negligence, we need them more than ever.



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  • Posted On August 14, 2012
  • Published articles 10

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