Know Your Rights

Various business interests within this country have done a great job manipulating public perception about the civil justice system. They have spent millions and millions of dollars blitzing the media and lobbying legislators. They have quite successfully created the illusion that there is a litigation explosion which adversely affects our economy and have instilled a deep rooted societal opinion that no good American should consider pursuing their rights to recompense under the law.

Because of their successful public relations efforts, a lot of truly injured persons fail to enforce their rights. Insurance companies and big business interests are quite happy to fan the flame of ”lawsuit shame”, laughing all the way to the bank. Obviously, it is a matter of individual choice as to whether or not to pursue a claim and/or litigation when harmed by a person or a company’s negligence. However, many people are not making an informed decision about these matters. They have been led to believe that it is shameful to pursue such remedies under the law, or worse yet, that none exist. When this occurs not only is the individual and/or his or her family harmed, but so is all of society.

Injury claims and the threat of litigation is often the only thing that forces large companies to make their products safer. It motivates doctors and other professionals to exercise utmost care. If not for such threats and the efforts of trial lawyers asbestos would still be in our schools, Ford Pintos would still be on the road, Phen Fen would still be on Pharmacy shelves. In short, litigation forces changes for the better and the threat of litigation creates a chilling effect that prompts more safety consideration and creates more fairness between company and consumer. Therefore, all of society is potentially harmed when individuals sometimes decide not to fully pursue their rights under the law.

When a person has been killed or seriously injured by someone else’s negligence or by a dangerous product, that person and/or their family should not feel ashamed about pursuing compensation. Events like these can cause great and lingering harm to a family. The hardship that is created can be financial and emotional as well as physical. Why should that individual or that family bear the burden that was created by someone else? Why should their health insurance carrier (if they have one) pay the medical bills that were generated as a result of someone else’s carelessness, especially when that someone has their own insurance coverage? Perhaps even worse, why should society pay the bills and support an egregiously injured person and/or his or her family when the culpable party has the resources to do so?

When a person is injured as a result of someone else’s negligence, or by a dangerous product or by medical malpractice, each state in this country has laws that allow that person to be financially compensated by the responsible party. The laws vary somewhat from state to state as to what kind of compensation may be allowed and under what circumstances they may be allowed. There are typically time limits which apply to the filing of a lawsuit. If a case is not filed within the applicable time frame it may not be filed at all, with a few exceptions.

Knowing your rights is very important. If you suspect that you have the right to some form of compensation you should contact an attorney right away. We would be happy to speak to you. Knowing your rights is important, but exercising your rights is even more important. The rights and freedoms that we enjoy in this country did not come without cost. It took the forethought and muscle of our founding fathers to establish these rights. Just like any muscle, if you don’t use them, you lose them.

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