Too often clients have come to the Firm over the years and apologized for the decision to make a personal injury or medical malpractice claim. They explain they simply want to try to put their lives back together after an often devastating loss, yet still fear being perceived as doing something improper. We believe this common mindset can be attributed to business manipulation, media hype or confusion.

First, certain business entities impacted by the payment of claims have employed vigorous legislative lobbying, public advertisement and contractual penalties to discourage and/or minimize claims. Certain insurance companies are professional, reasonable and fair. Others are not. These measures are less motivated by truth than by business objectives.

Second, the media has hyped certain cases from around the country that seemingly demonstrate outrageous verdicts. Rarely does the media report frequent judicial reductions or appellate reversals of these verdicts. Consequently, many people erroneously conclude the civil justice system is inherently unreasonable and unfair. Therefore, anyone who chooses to participate in the civil justice system and exercises their constitutional right to court access must also be unreasonable and unfair. Most people do not want to be perceived as unreasonable and unfair. Proper use and application of the civil justice system is predicated upon reason and fairness. A legitimate injury victim must have access to our courts.

Finally, fundamental confusion regarding the elements of every type of case from ordinary negligence to medical malpractice and the legal requirements to prove damages lead certain people to believe the process is rather simple. Some may even view the claim process as a type of lotto. This embarrasses some people. The claims process is neither simple nor a game of chance with the potential for huge reward.

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