COMMON MISCONCEPTIONS ABOUT THE LAW

1. "If I win, the other side will pay my attorney fees."

Not in America. The "loser pays" rule has been adopted in England, but in America, the general rule is that each side bears its own attorney fees. There are some limited exceptions to this, which are set out in various state statutes. These exceptions vary from state to state, but can include actions for child support and/or alimony, actions for unfair trade practices, and debt collection cases where the contract that creates the debt specifically provides for attorney fees in case the creditor has to sue to get paid.

2. "Personal injury lawyers bring frivolous lawsuits and drag litigation out in hopes of getting a big settlement."

Some, maybe. But consider the economics of the situation. Almost all personal injury lawyers are working on a contingent fee, meaning they don't get paid unless and until the client does. Insurance company lawyers, on the other hand, work on an hourly fee basis. Who has the biggest interest in spending long hours in court? Who's taking all the risks of a "frivolous" lawsuit? I have a payroll to meet too, you know.

And, contrary to popular belief, most juries aren't eager to give plaintiffs megabucks. Thanks to a pervasive media campaign by the insurance industry, personal injury plaintiffs are viewed with a great deal of suspicion by a lot of juries.

3. "What about the McDonald's case?"

There are days when I feel like if I have to hear one more word about Liebeck v. McDonald's, I am going to scream. Here's what the news does NOT tell you about Liebeck: that coffee spill created third degree burns over the plaintiff's groin. Third degree, folks. That's where flesh is not just blistered, but destroyed. On her groin. Get up and walk around the room to walk that one off if you need to. I know I do whenever I think about it. Think about just how hot coffee has to be to do that. Then consider that 700 OTHER people had been similarly injured by McDonald's coffee, that McDonald's had been warned about the problem and ignored it, and you begin to understand why the jury got a little peeved at good old Ronald McDonald.

"But," you say, "That accident was the lady's own fault. She shouldn't have been driving with coffee in her lap!"

For one thing, she wasn't driving, she was a passenger. And for another, the jury agreed with you. That verdict was the amount the jury REDUCED the award to, by the percentage of responsibility they felt that the plaintiff bore. The judge reduced the verdict even further. What, you didn't hear that? Imagine my surprise. Just not as good a story that way, is it? Not the sort of thing you can shake your head over and exclaim about how the country's going to hell in a Gucci briefcase. And that's why the media doesn't give you the whole story.

4. "She doesn't have any evidence. It's her word against mine."

Testimony IS evidence. In a he said/she said situation, the court has the unenviable task of deciding which of you is telling the truth.

5. "I fell down and broke my leg in my neighbor's yard. He's got to pay me, because I got hurt on his property."

Maybe, maybe not. The mere fact that you were hurt on someone's property does not make them liable. If the property owner was negligent in some way, that is, if he breached some duty of proper care towards you, then he is liable for your damages. But unless you can show some negligence on the property owner's part, they're not on the hook for it.