Like the rest of the world, legal dramas have captivated the legal team at MichiganLawsuit.com with their high-stakes courtroom battles and dramatic verdicts. From Suits to Law & Order, these shows keep us on the edge of our seats and jumping to click on the next episode. We’re often asked though; are these depictions accurate? I hate to break it to you, but real-life personal injury law is nowhere near as glamorous as these shows make it out to be. They have cultivated several popular misconceptions, and unfortunately, it leads quite a few clients astray as to what to expect in their real-life cases. We hope this article can help debunk some of these myths and right your perceptions.
1. Pacing
Legal dramas are often capped at 30 minutes to an hour per episode. In this time, they need to present the issue, gather evidence, go to court, resolve the case, and make sure Harvey Specter (or whoever the attorney is in that episode) is as dreamy as can be. That’s not a lot of time at all. This results in a very simplified and expedited version of the legal process, only showing you the most engaging parts.
In reality, your attorney will spend hours on your case, collecting evidence, pouring over thousands of pages of medical records, tracking down and deposing witnesses, etc. They will also have to abide by various legal deadlines and court appointed scheduling orders. The process can take anywhere from several months to several years before reaching a conclusion. While this may not be as theatrical or fun, this extra time and work is crucial for ensuring justice.
2. Courtroom Battles
In TV shows, the courtroom scenes are the heart of the action. The attorneys call in surprise witnesses at the last minute, cross-examinations lead to dramatic revelations, and the entire jury is swayed at the last second. I think we all recall the moment in Legally Blonde when Elle Woods questions the witness’s decision to get her perm wet, revealing she is in fact, the guilty party. There’s no doubt about it, these scenes create a sense of excitement and urgency, making for compelling television.
In real-life, most personal injury cases are resolved through settlement negotiations long before they are ever scheduled to see the inside of a courtroom. In fact, approximately only 2% of personal injury cases in Michigan actually proceed to trial. These cases are typically assigned to facilitations, case evaluations, and settlement conferences to avoid trial specifically. This may seem less glamorous, but going to trial means both sides must incur significant costs. This is not to say that your attorney is not constantly preparing for the possibility of a trial. It is just to say that the daily grind of personal injury attorneys is less about dramatic confrontations in the courtroom and more about meticulous preparation and negotiation.
3. The Role of the Client
In legal dramas, there are typically two types of clients: deeply sympathetic victims or morally ambiguous figures. There is no in-between. These clients have a compelling story, and they can convey that perfectly without any issues. They often just need to tell the attorney this story at the beginning of their case, and then tell it again to the jury when they take the stand at trial. Other than that, they are not required to do any work and their case resolves exactly as expected.
Real-life personal injury clients are not always as put together as depicted, but that’s not a bad thing! You are not alone if you don’t see yourself mirrored in these fictional clients. The legal process is long and can be extremely emotionally taxing. You may be required to go to independent medical exams, depositions, and court hearings, just to name a few of their plaintiff responsibilities. At the same time, you are expected to manage ongoing medical treatment, work, financial stress, and the other stressors of daily life. It’s important to remember these cases require a lot of patience and perseverance, not only from the attorney, but also from the client.
4. The Attorney’s Persona
TV attorneys are often larger-than-life characters. They are confident, sharp, and have an uncanny ability to think on their feet. This portrayal creates a magnetic appeal and shows them as either charismatic heroes or cunning anti-heroes.
Real-life personal injury attorneys, including those at MichiganLawsuit.com, while skilled and dedicated, are just people. You shouldn’t be nervous to speak with them! Their effectiveness comes more from persistence, attention to detail, and strategic thinking, rather than these superhero tendencies and dramatic courtroom performances.
5. The Big Pay Day
In legal dramas, the settlements are always significant amounts. The attorney and client are walking away with a multi-million dollar pay day every time. Unfortunately, this is because the damages are incredibly horrific.
In practice, personal injury cases could have a wide array of settlement amounts. These numbers are based on a variety of factors, including the severity of the injury, the impact on the client’s life, and the specifics of the case. While it might be a little disappointing, you should keep this in mind if you’re entering a personal injury case. You should also consult with your attorney about what a reasonable expectation could be, so you’re not caught off guard in the end. On the flip side of this, knowing that a case does not need to have a life-altering injury to be viable could also encourage more people to seek legal guidance. If you’re injured in an accident, you should consult an attorney and figure out if the damages warrant legal intervention from there.
Conclusion
These shows are incredibly entertaining, but it’s important to remember that they’re just shows. The reality of personal injury law is typically more nuanced and less dramatic than portrayed. If you know this going into a case, you will have much more realistic expectations and appreciate the hard work that goes into it. It might also help you have a little more grace for yourself if you’re not comparing your reality to the life of a fictional plaintiff.
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