Misconceptions

One of the most frequent comments I get from prospective clients is that they don't want a million dollars, they just want what is fair. There is a general misconception about what damages they are entitled to. Generally, they are entitled to their out-of-pocket losses. That is all.

Misconception:
Individuals who have any claim for damages are entitled to inconvenience damages, damages for "pain and suffering."

Fact:
Generally for economic damages you get your out-of-pocket damages - nothing more. "Pain and suffering" relate to actions where a person suffers physical injury.

Misconception:
A customer at McDonald's spilled hot coffee and was awarded by the jury millions of dollars. Thus, the jurors and our legal system are unreasonable and out of control.

Facts:
The coffee was kept at such an extreme temperature - hotter than other fast food restaurants- that there had been numerous other cases of very serious burns by employees and customers of McDonald's but McDonald's had refused to lower the temperature. McDonald's could get more cups of coffee from a pound of coffee beans by keeping the coffee extremely hot - 200 degrees. An older woman customer was so severely burned that she had to have skin grafts. All she requested of McDonald's was that they pay for her medical bills. McDonald's refused even though the amount requested was important to the woman and yet insignificant to the corporation whose advertising budget alone was $1,000,000,000. The jurors were regular folks who were apparently offended by McDonald's attitude and awarded punitive damages in the amount of one-day's profit from the sale of coffee. The court reduced the award to $400,000 including all damages.

The media forgets to tell the whole story.

Misconception:
More people are filing personal injury cases.

Facts:
Personal injury suits dropped 40% and auto related injuries dropped 60% in the 1980's because the cars are safer and there are less serious accidents. The cars are safer because of the actions taken by consumers and attorneys to force changes in unsafe product.