Myths About Litigation Law Exposed and Demystified

Way back last fall, we did an article on myths and facts about medical malpractice law. Well, we feel it is time for another myth-busting article–this time about litigation. For anyone who has not needed to hire a lawyer, especially for those who have watched a lot of legal television, there are often many misconceptions about what it is like to be a litigation attorney as well as to hire one. We are here to debunk those myths about litigation law and tell you what it is really like being involved in litigation.

1. MYTH: It’s Expensive to Hire a Lawyer.

FACT: Many litigation attorneys actually don’t cost anything initially. They make money if and when you make money, so if you don’t make money from the case, you don’t pay a penny. If you do make money, your attorney will take a percentage of that amount as his or her fee. This arrangement greatly benefits you as the client because you don’t need to empty your bank account to utilize legal services and fight for your rights and deserved compensation while, at the same time, your lawyer is super motivated to win you as much compensation as possible.

2. MYTH: Litigators Are Ambulance Chasers.

FACT: This is one of the worst myths about litigation law. The idea of litigators being ambulance chasers came into being because it is thought that personal injury attorneys seek out clients who have been significantly injured. However, “ambulance chasing” is actually illegal in the United States and any ethical personal injury attorney will not be practicing it. It would also be a waste of time for lawyers to chase after every injury case they hear about, as many injury situations either don’t have enough true negligence to build a case around, don’t involve severe enough injuries, or don’t involve a party that can actually pay damages. There needs to be the right combination of factors for a case to be worth taking on, and lawyers certainly should not be contacting a recently injured person in the hospital if that person has not reached out first.

3. MYTH: Your Personal Injury Case Will End Up on Trial.

FACT: Legal television has conditioned us to believe in courtroom dramas, but the truth is that the vast majority of cases never make it to court. Most of the time, both parties come to a settlement before they get close to going to trial. Trial is expensive, long, and emotionally exhausting. You usually don’t want your case to go to trial and most likely neither does your lawyer. A good settlement in your favor is a definite win, even if there won’t be any dramatic speeches to go along with it.

4. MYTH: It Doesn’t Matter How Long Ago You Were Injured, You Can Always File A Claim.

FACT: There are statutes of limitations on different kinds of cases. Whether your injury is a work injury, a slip-and-fall, or a medical injury, you have a limited amount of time to file your suit. After the statute of limitation has passed, so has your opportunity to make a personal injury claim. That is why it is important to reach out to a lawyer as soon as you are able after an incident occurs. It is easy to become consumed with the details of your recovery, your job, your family life, and other areas where your injury has affected you and forget to get the legal help you need. The quicker you schedule a consultation with an attorney, the sooner you will be able to fight for your due compensation.

At Goldberg and Chase, our attorneys work closely with you to make sure you get the rights and compensation you deserve. The myths about litigation are many, but the fact is that lawyers want their clients to benefit from their legal claims with as little stress as possible, including encouraging a settlement over going to trial and never hunting down a client in an “ambulance chasing” situation. Our lawyers work ethically and with care for every client.

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About Us

The personal injury law firm of Goldberg & Chase, LLP. in Brooklyn, New York represents clients throughout the New York (NYC) metropolitan area, including the five boroughs: Brooklyn, the Bronx, Manhattan, Staten Island, and Queens. The counties we serve include Suffolk County, Nassau County, Westchester County, and Putnam County.