At Jones & Swanson, our personal injury attorneys represent
plaintiffs in injury-related legal claims. The plaintiff is the party
who was not at fault for an incident, but who was injured in the event
nonetheless. The opposing party is the defendant, who is typically the
person being held responsible for fault in an injury-causing accident.
Contrary to popular belief, this doesn't simply mean that any person
who feels they've been wronged by another can take that person to
court. Our plaintiff's attorneys only take cases in which plaintiffs
have sustained serious and potentially life-changing injuries. Our goal
is not to take their claims to court, but to come to a settlement agreement
outside a courtroom that allows victims the appropriate recovery. However,
if it is not possible to come to an agreement, we are comfortable taking
a claim before a jury in an effort to provide justice for innocent victims.
For instance, if someone is driving recklessly and causes a car accident
in which a mother and her child sustain injuries requiring them to be
transported to the ER and undergo further medical treatment, we believe
it is just to hold the reckless driver's insurance responsible for
those medical bills. There are many types of personal injury legal claims
that are brought forth in claims, but our goal is to serve justice where
The Constitution's Seventh Amendment is what allows us to protect people
from these types of neglect on the part of others by giving the option
for trial by jury. Unfortunately, "tort reforms" sometimes limit
the protection available to the American citizen by "reforming"
laws when people are injured in practice areas such as product defects
and medical malpractice. While all "tort reforms" are not necessarily
negative, there are some that should be more closely investigated prior
to making judgment. Like in most topics, those backing "tort reforms"
often use exaggerated statements and declarations to get the everyday
person on their side, even though that person may not fully understand
the legal reform.
Here are a few statements that we've heard from those attempting "tort
reforms", but that simply are not true:
"There are too many personal injury lawsuits in the court system today."
The percentage of personal injury (tort) cases filed in the U.S. court
system is actually very low and has been decreasing for years.In reality,
small claims and contract cases are typically most common.
"America is being ruined by frivolous legal claims."
While it may be true that some people will "sue for anything",
that doesn't mean an attorney is willing to take on their case.At
Jones & Swanson, we are dedicated to representing injured
victims who truly need and deserve our legal aid.A careless and avoidable
medical error that causes someone to be in a wheelchair for the rest of their life is
far from frivolous.
"Juries tend to award too much in suspect damages."
Actually, jurors tend to take the job very seriously.It is actually more
likely to win a higher award when in front of only a judge, as compared
to a jury trial.
"Medical malpractice lawsuits are causing doctor shortages and high
health care costs."
A 2011 study reported that very few injured patients actually file suit
or take a legal claim to trial.Even fewer win those cases.The problem
that should be on our minds is the high number of medical mistakes that
are made each year.The Journal of Patient Safety estimates 210,000-440,000
deaths each year from mistakes by medical providers.The proposal of doctor
shortages is simply not true.From 2000 to 2010, the number of active physicians
grew by 22 percent.
"Personal injury attorneys are in it solely for the money. They wish
to simply charge high hourly fees and don't care about their clients."
This is simply not true.Most personal injury and tort lawyers represent
clients on a
contingency fee basis, which means they are paid only if the claim is resolved successfully
(either by settlement or in court).At Jones & Swanson,
this means that we only take cases that we truly feel are worthwhile and
in which clients are truly victims of an unjust act.We typically build
lasting relationships with our clients because we are there for them through
difficult times, such as medical treatment and loss of income from not
working.We care about our clients not just because of money, but because
our goal is to provide justice for those who were wronged.
If you or someone you love has been injured as a result of someone else's
negligence, we hope that you will protect yourself by consulting with
our experienced litigation lawyers. While you may feel hesitant about
bringing legal claims against others, you should not be held responsible
for things that you simply cannot control. For more information, call
(770) 427-5498 or fill out our