Jim Adler | The Tough, Smart Lawyer
By Jim Adler April 4, 2016

common personal injury lawsuits

Lawsuits are not always an available solution in every car accident. Photo by Gabriel Saldana (Flickr)

When someone feels as though they are the victim in a car accident or have experienced unforeseen side effects from a medication, their first impulse may be to hire a lawyer. While we value every case that has been brought to us, we also know that there are some instances where we can be of no help to someone involved in a personal injury situation. It costs money to file a drug or car accident lawsuit, and we want to help you to spend your money wisely by letting you know some of the more common situations where filing a lawsuit is not always the best idea.

Negligence in a Car Accident

In a car accident, there is usually the opportunity to point at one of the parties involved and claim negligence. While it does happen that one party is held completely negligent in a car accident, those situations are rare. The most common outcome of a car accident investigation is that both parties share the blame in some way.

If you were being an irresponsible driver at the time of the accident, then you may be the one who holds the majority of the blame. If the police report finds you to be primarily negligent, then your chances of winning a lawsuit are slim. Instead of filing a car accident lawsuit, you are better served waiting to see what the other party does and preparing to defend yourself in court.

Are You in a No-Fault State?

In some cases, a car accident lawsuit settlement can be affected by whether or not you live in a no-fault state. A no-fault state does not allow lawsuits and applies blame evenly between both parties. Texas is not a no-fault state, so we will work hard to get you the best car accident lawsuit settlement for your situation. But states such as New York, Florida, and Hawaii are no-fault states, and that means that you may not even have the option to file a lawsuit, even if you strongly feel that the other party was at fault.

“The Drug I Used Is No Longer on the Market, So I Can’t Sue”

Many people disregard the possibility of prescription drug lawsuits because the drug that affected them is no longer being sold. But according to The New York Times, even drugs that are no longer on the market are fair game when it comes to being sued. In some cases, it can take years for a prescription drug to create the side effects that get it taken off the market. But when your health is being affected by a medication you took years ago, then you can still get financial restitution from the drug company.

We always recommend that clients who have been affected by medications consider prescription drug lawsuits. If you have been harmed by a prescription medication but it took a few years for the side effects to take hold, then that does not prevent you from getting the settlement you deserve.

“I Am Just Suing the Drug Company and Not My Physician, Right?”

People who bring lawsuits against drug companies are often conflicted because they do not want to get their doctor involved in the lawsuit as well. Many people operate under the misconception that lawsuits against drug companies do not get the doctors involved because the doctors were only doing what they felt was right.

As legal experts, we ask our clients to refrain from making these kinds of assumptions. You may not know that your doctor gets a bonus payment from the drug manufacturer each time they prescribe a certain type of medication. In those instances, the doctor will be held liable in your lawsuit. The idea that you will never get your doctor involved in a lawsuit against a drug company is false, and it is something to consider before you actually file your suit.

There are plenty of misconceptions floating around about car accident and drug lawsuits. In some cases, the lawsuit is not always a “slam dunk.” Before you file your lawsuit, you should do some research to make sure that you have a chance at winning your suit rather than getting results that make you regret your decision.

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