A Litigious Society

Fri, Jan 23, 2015

Personal Injury

slipWhat does litigious mean? Dictionary.com says:   excessively or readily inclined to litigate. Well, a lot of people would say that’s what America is. So is America a litigious society? Who are we to make that judgment? We support our client’s right to find an appropriate resolution to their lawsuit and one of our concentrations is civil litigation, which does include personal injury law.

But do we take every case? No, we don’t. There are many cases that should never be brought forth and might very well be considered coming from a litigious angle. But does bringing forth a legitimate case make you litigious? Not at all.

Don’t let the label litigious scare you from seeking the justice you deserve. And if you are worried about that…it might very well mean you aren’t being litigious. Because then you might not even consider the thought.

How do you know if you have an appropriate lawsuit to bring forth? Well, this is definitely something that can be considered an opinion in some instances. But in some cases it certainly might be considered an absolute necessity that a lawsuit should be brought forth. How could you decide? Use the facts, your prior experience, your morals, your intuitive thoughts, research, and a lawsuit’s bearing on others, etc. Meaning…in your gut, did an injustice happen? Were you just harmed or were others? Was there any comparative negligence and if so, how much? Would this case help others in the future? Would anything be solved? Can you win?

And once you make some decisions within yourself, consult an attorney to gain their opinion on your potential case. A personal injury attorney helps you wade through some of the harder aspects of bringing forth a case. They bring clarity to your case’s potential outcome and how the case would be handled from start to finish.  And one attorney’s opinion about a case may not be the same as another’s, so shop around if you really feel you weren’t heard by the attorney you are consulted. Make sure you check out how each attorney handles the fees involved, from consultation to final result.

Civil litigation is usually expensive for many reasons. Procedural requirements, evidence gathering, depositions, time spent on research, etc. can all increase the costs. Some cases cost more than others, also. For instance, medical malpractice is quite costly. Medical malpractice cases are unique as Florida law requires something specific of them that it does not require of other types of tort cases. It is the only type of tort that requires the plaintiff to obtain a qualified affidavit from someone in the same field as the defendant that indicates that the defendant has breached the prevailing standard of care BEFORE the suit is even filed. This requires a lot of legwork before the case even starts. The above requirement is part of something called the Presuit Investigation by Claimant.

We have written several posts on litigation. They include:

Deciding to Sue

Slip and Falls in Florida

Strict Liability versus Comparative Negligence in Florida

Why Medical Malpractice Cases in Florida are Costly

Civil litigation can be expensive, dauntingly complex and fraught with procedural hurdles, and should never be entered into lightly or without professional counsel. SmithLaw offers experienced Florida civil litigation attorneys.  We understand our clients’ needs and know how to minimize potential pitfalls.

Attorney Christopher D. Smith, Sr. is designated a Board Certified Consumer Bankruptcy Lawyer by the American Board of Certification.  SmithLaw is located in Lakewood Ranch, Florida.  Attorney Smith concentrates on bankruptcy, civil litigation, probate, estate planning, and elder exploitation cases in the Sarasota and Bradenton area.  Call 941-202-2222 to learn more.  SmithLaw offers free consultations in certain areas, including consumer bankruptcy, probate, and personal injury matters.

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