The overwhelming majority of the clients that come in, they are really reluctant to get involved in litigation. I hear this time and time again, “You know I’ve never sued anybody before” and I always pause and think about the newspaper articles that says, “Everybody is suing everybody else, it’s a litigation implosion” and really it’s quite the contrary.
The vast majority of people who file these lawsuits, particularly in medical malpractice have never been involved in any type of litigation before. And I really have to point out to them the mistake that they would make by not pursuing it. If they let the statute of limitations expire before they pursue the claim they can’t then change their mind. Particularly if it’s a spouse, a widow coming in, they have surviving children that are going to need economic support to get through their school years, their college years.
And if the case is not pursued that supportive help won’t be there. If it’s a widow, even without children she’ll find some time in the future the money that she’s lost because her husband is dead is critical to her ability to survive in these harsh economic times.
So what we try to point out to them is the decision has to made, it has to be made soon, there’s a statute running. If they miss the statute they’ll never get the opportunity and they owe it to themselves. If it’s a mother and she has young children I really point out to her she really doesn’t have a choice, she has an obligation to her children to make sure that she’s going to be able to care for them in the same manner that she and her husband wanted to take care of them.
So it’s kind of pointing out to them that there is only once chance for her economic survival and that is to pursue the case.
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