Not every injury leads to a lawsuit. We hear about frivolous lawsuits in the news all the time lately. Reporters love to talk about cases with minor injuries and large damage awards in an attempt to convince the public that there are too many lawsuits. There is a misconception in the public news sector that every time someone is hurt, there is a lawyer waiting to file a lawsuit. One of the more infamous “frivolous” lawsuits is the McDonalds lawsuit where an individual was awarded a lot of money for a burn resulting from hot coffee. This award was handed down by a jury – not an attorney. For one reason or another, the jury that day thought this award was appropriate and it is not the right of the press or public to second-guess the decision of the jury that day. This was not a frivolous lawsuit. It was a lawsuit resulting in real injuries and real liability. It was the result – the amount of money awarded – that angered people.

The truth is that frivolous lawsuits are rare. In fact, oftentimes, individuals do not sue when they are entitled to. Lawsuits are expensive and time consuming. Most Missouri injury attorneys I know spend significant time evaluating whether a lawsuit should even be filed in certain situations. Just the other day, I spoke with a medical malpractice attorney who had just spoken to a potential client about the death of her father. The gentleman was clearly mistreated at a local ER and sent home without proper tests – easy, cheap tests. The gentleman died 7 hours later. A lawsuit should be filed in this situation as both the damages (loss of this man’s life) and the liability against the hospital are crystal clear. But in all reality, given the enormous expense that this lawsuit would cost the client, it likely won’t be filed.

This is a direct result of the negative press and tort reform advocacy which has led to strict changes for Missouri medical malpractice lawsuits. Individuals and families are being denied justice every day because it has become too difficult to pursue certain cases. If you or a loved one has been injured, you have a right to have a Missouri personal injury attorney review your case and explain your options. For a free consultation, contact a Missouri injury attorney at 800-517-0602.