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 necessary.

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 online form.