A question we often hear from personal injury clients is “Is it even ethical to bring a personal injury lawsuit?” I represent personal injury clients from all walks of life, from doctors and lawyers to construction workers and bus drivers and I find that no matter what their background, most of them are hesitant about filing a personal injury lawsuit because they are not sure if it is the right thing to do. I know that when a client asks this question, they are thinking about what really matters, obtaining reasonable compensation for their injuries so they can move on with their lives.
When someone is injured as a result of another person’s negligent or reckless behavior, a personal injury claim is not only ethical, it is almost mandatory. When you retain The Jeff Brooke Team or any other personal injury lawyer, you are not immediately filing a personal injury lawsuit.
A suit or lawsuit actually designates a filing in a district or circuit court which invokes the power of the court to take money away from the responsible party (or their insurance company). In a remarkable number of cases, filing a lawsuit is not even necessary. Most responsible parties have insurance, and insurance carriers are in the business of paying claims. In most cases, we are simply asserting your claim.
The insurance companies still do pretty well. Check out their balance sheets, most are publicly held companies. Insurance companies calculate that their policy holders will cause a certain number of accidents over the course of a policy-year, they budget for it, and they are legally obligated to pay.
So why does the law provide money as compensation for an injury? Money can’t take away pain and suffering. However, the pain and suffering compensation we have helped our clients obtain over the years has allowed many of our clients to send their children to college, donate to non-profits and otherwise live better, fuller lives. There is also the issue of medical bills. One never knows the full extent of an injury. Indeed, we have had many cases where a client needed surgery and other expensive medical care months after their accident. It is truly special to be able to help them pay off their medical bills and to set aside for possible future bills.
So when you assert an injury claim, you’re not really “suing,” you’re allowing us to help present your claim in the best possible light. Regardless of how we feel about insurance companies, it is clear that they are dedicated to paying as little as possible. This is not a value judgment but a fact. I believe that filing a personal injury claim to seek compensation for legitimate injuries caused by someone else’s negligence is not only ethical, it is the right thing to do.