Have you ever found yourself in a personal injury lawsuit? What was the outcome of the suit? Well, for some the outcome was bright for others not so much. One of the biggest questions many ask their personal injury attorneys when starting a personal injury claim is, who really wins in a personal injury case? Well, that’s not an easy question to answer that question, you have to look at several aspects of the case in question.
When we think about winning and losing, we have to think about whether we are winning for monetary standpoint or we’re winning because we got a judgment and someone stood up and said hey what happened to you isn’t right and this person is to blame and these are the reasons why.
Whilst in Utopia we wouldn’t have to have personal injury claims, a personal injury attorney or need a Tampa personal injury attorney, but in the real world we do. Moreover, in the real world we have to accept reality. The biggest dose of reality comes when it’s time for the other party to pay, and they don’t. Judges can order the person in the wrong to pay, but reduce or suspend the payment due to mitigating factors. As these are civil cases the defendant can weasel their way out of not paying. With a smart defense attorney, you may never see the money that was ordered because of loopholes in the law whereby a doctor might put all of his money into a trust fund for his family or he is an LLC. Moreover, you may not see a payout of the medical malpractice insurance because the doctor didn’t pay the insurance premiums, or he did not have adequate coverage.
But winning is more about the emotional aspects. Sure, maybe you get $1000000 because you lost a foot but think about what you’re going to lose in the long term? Your quality of life diminishes and everything you’ve missed out on or we’ll miss out on is not worth $1000000 at all. Not to mention the insurance companies who are able to raise insurance premiums on doctors who have to pay out on the malpractice insurance. They get more money from your suffering when sometimes you get no money or even a third of what you should have got from a summary judgment order. Furthermore, many lawyers work on contingency so a large chunk of whatever you were ordered is going to go to your lawyer at least 30% of your summary judgment order would be going to your lawyer, so they win and you lose.
When it comes to medical malpractice sometimes you’re the only one who loses out, and the doctor wins. This is because doctors and nurses belong to a fraternity of sorts and they sully your name behind closed doors. There is a stigma attached to a patient who makes a complaint or ends up in a personal injury suit with a doctor or other health care professional. And that stigma tends to follow them from one office to the next. It is comparable to a doctor making a note on your file that you are suffering mental illness, thus you a prejudged by the next doctor you see.
If you are lucky enough to receive a summary judgment order and they have awarded you money, you may never see that money, due in part to, the doctor appealing the decision or refusing to pay the money that was ordered by the courts. If you find yourself in such a predicament, then you may have to look for new personal injury attorney to help you fight the case and get the money you deserve. If you need the services of aTampa personal injury attorney there is help out there for you, they are only a click or call away.
There are no real winners when it comes to personal injury cases everybody loses out in some fashion, but it’s important to remember that you still have to take a stand and see your personal injury claim through to the end, if you do not someone else’s life may be at risk and they may die at the hands of medical malpractice