Our Virginia Beach personal injury lawyers know that it is not uncommon when people hear the words “personal injury lawsuit” to think the person who has been injured must be “faking” their injuries and is just looking to cheat the insurance company out of money. However, the truth is that a personal injury lawsuit is a legally mandated process for victims to be compensated for injuries resulting from another party’s negligence.

Even a minor injury can result in hundreds of dollars in medical bills. When the injury is more serious, the financial losses can be significant. High medical bills for surgeries, hospitalizations, physical therapy, and medications can quickly add up. Even a person with health insurance can find themselves facing overwhelming medical debt because of required deductions.

In addition to medical bills, there is often a loss of income because the victim is unable to work while they recover from their injuries, adding even more financial hardship for the victim.

Personal injury lawsuits enable victims to recover some of the financial losses they suffer, as well as compensation for pain and suffering and other damages they face. Whether the victim is injured because of a reckless driver, preventable medical error, defective product, or negligent property owner, a personal injury lawsuit is critical for the victim to “become whole again.”

McDonald’s Hot Coffee Lawsuit

One of the most infamous personal injury lawsuits – and one that just added to the public’s misconception about the seriousness of these types of legal actions – was filed against McDonald’s in 1992. This lawsuit became the epitome of “frivolous lawsuits” and the butt of many comedians’ jokes. The truth, however, is that the victim in this case suffered severe injuries, a point never shared with the public.

The victim, a 79-year-old woman, purchased a coffee from the drive-thru at the fast-food chain and accidentally spilled it on her lap. The coffee had been heated to a perilously high temperature of 190 degrees. Within a matter of seconds, she had suffered second and third-degree burns on almost 20 percent of her body. The injury was so severe that the woman went into shock. The burns she suffered were so horrific she had to endure multiple skin grafts.

The woman ended up with more than $20,000 in out-of-pocket medical expenses, which she sought reimbursement from McDonald’s. The company offered her $800. This left the victim no choice but to pursue a personal injury lawsuit to cover her expenses.

Another fact that the public was never really aware of – and which demonstrated the negligence on the company’s part – was that there had been more than 700 complaints made to the company from customers who had also suffered injuries because of the dangerously high temperatures at which they served their coffee. The company later admitted that it had known about this hazard for over 10 years.

The jury sided with the victim and awarded her $200,000 in compensatory damages but reduced the award to $160,000 because they said she caused the spill (comparative negligence). However, the jury sent a clear message to McDonald’s for failing to address an issue they had known about for more than a decade that endangered their customers, awarding the victim $2.7 million in punitive damages.

Contact Our Personal Injury Law Firm for Legal Assistance

Personal injury claims can be difficult to prove without the legal expertise of a Virginia Beach personal injury attorney. These cases can be complex, and failure to provide sufficient evidence could result in the court dismissing the case or ruling in favor of the defendant (at-fault party).

The legal team from Shapiro, Washburn & Sharp has been advocating for injured clients since 1985 and will do all we can to ensure you receive the best possible outcome under the circumstances of your case. Contact our office today to schedule a free case evaluation and find out how we can help. We are committed to getting our clients the financial compensation they are entitled to, as evidenced by the more than $100 million in settlements and verdicts our firm has obtained.

For your convenience, we have offices in Virginia Beach, Hampton, Portsmouth, Norfolk, Chesapeake, Suffolk, and Kitty Hawk, North Carolina.

 

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