I have been a Central and Syracuse New York personal injury lawyer for many years now. So I have been around the block a few times. I am steeped in our civil justice system. And I have news for you: It works just fine. It ain’t broken, so don’t fix it. No “tort reform” needed, thank you.
Here’s an example of how our civil justice system automatically weeds out frivolous lawsuits without the need for tort reform.
The other day I went to visit a farmer whose arm had recently been ripped off by a piece of farm equipment. I went to inspect the machine to see if the manufacturer was to blame. If the design was unreasonably dangerous, and the dangerous machine caused the accident, the farmer would have had a good New York products liability claim to compensate him to the tune of several million dollars.
As it turned out, there was nothing wrong with the machine; the farmer had simply made a mistake. He should have shut the machine off before he climbed into where he did to fix a mechanical problem. We all make mistakes, and unfortunately this one cost him dearly.
So guess what? I did not file a frivolous claim. And my farmer friend did not ask me to file a frivolous claim on his behalf. He understood and accepted my explanation as to why he had no claim. He was grateful to me for having explained how the law works and why he had no case.
Even if I had been an unethical lawyer who wanted to file a frivolous claim, I would not have filed the frivolous claim. Why not? It would have made no economic sense. The claim would have cost me lots of money and time and would have eventually been dismissed. And no, the manufacturer would not have paid us big bucks to go away. He would have paid us nothing, or next to nothing, and certainly not enough to pay for my time and expenses on the case.
This case is no different than any other in this regard: It never makes any economic sense to file a frivolous claim.
Real flesh-and-blood personal injury lawyers (as opposed to the figments of tort reformers’ imagination) live by this refrain: “you make money on the cases you turn down”. What this means is that you can only make a living in this business by turning down frivolous cases, and taking only legitimate ones.
So please contact me if you believe you may have a legitimate New York personal injury claim.
Email me at: firstname.lastname@example.org I’d love to hear from you!
Michael G. Bersani, Esq.
Central NY Personal Injury Lawyer Michaels & Smolak, P.C.