Personal Injury Lawsuits and Litigation
Common Misconceptions
At the law firm of Devine, Barrows & Devine, we feel it’s important to be up-front with our clients about the reality of their case and the type of compensation they can expect to receive. While each situation regarding personal injury, auto accidents, medical malpractice, and defective product lawsuits is different, there are some common misconceptions about personal injury law and settlements. The purpose of this page is to examine some common myths and misunderstandings regarding personal injury lawsuits in Boston and litigation throughout Massachusetts, and give some insight into the realities of the laws and processes.
“Personal injury cases are drawn out and take years to complete.”
While it is true that some cases will require the interference of a judge or a trial by jury, the majority of personal injury lawsuits are settled out of court. In fact, many cases are resolved within twelve months. Settlements are negotiated, so your lawyer will always work in your best interest to ensure you are receiving the maximum amount of compensation possible from the negligent party in your personal injury claim.
“I will receive compensation no matter what if I file a personal injury lawsuit.”
You should only expect to receive compensation if you have a legitimate and reasonable claim. It is in your and your attorney’s best interest for them to inform you right away if your case is not sustainable. A judge will make his or her determination based on factual evidence, the extent of your injury, and the circumstances of the accident. Being able to prove your claim with evidence is of the utmost importance.
“I don’t need an attorney for an auto accident lawsuit; my insurance company will help me.”
Insurance companies, while they provide a valuable service, do not always have your best interests at heart. They must also protect their own interests and aren’t eager to pay out on claims, and typically try to cover as little of the damage as possible. An experienced attorney will be able to help you ensure that your rights are fully protected and that you receive a settlement that compensates for all your associated losses.
In all personal injury cases, in fact, it is important to recognize the benefits of having a trusted law firm on your side. Medical malpractice lawsuits, for example, can involve complex medical terminologies, health insurance policies, and more. The health professional involved in the suit will certainly feel that their reputation and livelihood are at stake and will likely have a very experienced and aggressive attorney to defend them. Having someone on your side that is familiar with the process and the associated legal formalities is an invaluable asset.
