It’s not outlandish to suggest that there’s a certain degree of showmanship involved when an attorney argues a case for their client. Some practitioners suggest that knowing the law isn’t the biggest advantage in the pursuit of justice. This is wrong, of course, but there will always be some bad apples in a basket of good ones.
Accusations of exaggeration aren’t common, since it would be callous to suggest that a plaintiff is less than genuine about their allegations. But, there are some cases that lend themselves so easily to hyperbole that the defense would need to broach the subject at some point during the trial.
One of the most common cases that have to deal with instances of overstatement are soft tissue injury claims. There are lots of information on websites such as http://whiplash-utah.com, which can shed some light on what can and should be happening with such an injury. But, for the purposes of a trial, every client should know what their lawyers should be doing to get the compensation they need.
First, an attorney that knows what they’re doing should be able to get compensation for their clients without ever sitting in front of a judge. This is because most soft tissue injury claimants don’t deal with the people that caused them the injury – they deal with insurance companies. In fact, in many “no fault” states plaintiffs aren’t allowed to sue unless the injury is more serious.
Most insurance companies have established amounts they’re willing to pay for soft tissue injuries. Plaintiffs can either take the deal, or bring the insurance company to court for more money. This is a gamble, though, because if the compensation the court awards the plaintiff is less than what the insurance company offered in the first place, the latter can charge the former for its litigation costs.
Victims of soft tissue injuries deserve the compensation they seek, but don’t blow it out of proportion. The tables can quickly turn if plaintiffs get too greedy about what is due them.