3 Common Misconceptions About Personal Injury Cases

Every week, I get calls from prospective clients about cases. Many of them wind up becoming my clients. Others we help find the right lawyer for their case. We encourage all of them ask questions.  Our goal at The Button Law Firm is to keep our community informed about their rights, the process, and the truth of what happens in personal injury and wrongful death cases.

A misconception is also known as a half-truth. It can be something that may be true for some folks but not for others. There are always a few bad apples in every profession or part of our world. However, for the most part, we just need to be informed. 

Misconception #1: I'm not the lawsuit type. 

What does that phrase really mean? First of all, my clients are not the “lawsuit” type. They didn't wake up one morning and ask to be hurt or have their loved one killed. They would all give the money back to have their life back, but they can't. 

The example I always give is if someone decides to go to a bar and drink until he passes out, and then gets in his truck and drives home, he’s made the decision to drive drunk. He knew he was going to drive drunk that night. On his way home, he crashes into your significant other with your newborn baby as a passenger. Your loved ones get killed and the drunk driver walks away without so much as a scratch. Your loved ones are now dead because of his selfish decision. The drunk driver has insurance. Should the drunk driver get away without having to pay for the damages he caused? After all, that’s why he bought insurance. You are left without your significant other and newborn baby, and your life is forever altered. If he gets away with it this time, then what is stopping him from doing it again?

We are all proud of the rights we have. When someone else chooses to violate our rights, they need to be held accountable. Our civil justice system, which is protected by the Seventh Amendment, allows our community (the jury) to come together and serve as the guardians of community safety. A lawsuit is about accountability. Accountability means someone admits they were wrong, promises not to do it again, and makes it right. You don’t get to pick and choose the consequences of your actions. A lawsuit is the only mechanism that we have to hold folks accountable who won’t do it themselves.

Misconception #2: I don’t want to sue anyone—only insurance companies.

Behind every lawsuit is an insurance company or a large corporation that is self-insured. Unless there is an extenuating circumstance that may never happen or may have happened only a handful of times during my entire career, I don’t sue individuals. The biggest myth out there is that because of the paperwork we file and the rules of the State of Texas prohibiting us from mentioning insurance in most trials, we must be suing people, but that is not true. We sue insurance companies. The only difference is they get to hide behind the face of their insured. The insurance company will pay any settlement or verdict. The insurance company will pay for the defense attorneys. The insurance company will pay all case expenses throughout the case. The insurance company makes the decision whether the case will settle or proceed to trial—the insured is literally just a pawn in this whole process.

Misconception #3: A personal injury claim is a lottery ticket.

If you are someone who thinks your case will make you rich—as in your lottery ticket to wealth—then I am not the right lawyer for you. I can tell you from experience that in every single case in which I’ve been involved, no amount of money won has ever replaced what was taken from my clients. Even if their recovery was thousands, hundreds of thousands, or millions, their lives and minds are forever changed. The money helps, no question about it. They need it. It also serves as a symbol against the insurance company of the defendant (at-fault party) that our system of accountability works in America. You can’t just alter someone else’s life and nothing happen.

We have all been exposed to a lot of media out there about personal injury lawsuits being windfalls and people getting rich after being in a fender-bender. Since these personal injury and wrongful death cases result in money, many people associate a personal injury case with being a lottery ticket; however, that could not be further from the truth. Just ask any of my clients.

If you want to learn more about common defenses used in personal injury cases or how to find the best lawyer for your Texas injury case, order my free book called The Essential Guide For Your Texas Injury Case. It is a resource for all of us to get informed. If you have any other questions, reach out to us. We are here to help.

Russell Button
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Texas Trial Lawyer
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