THE PRICE OF JUSTICE

IN TODAYS LEGAL SYSTEM THE ONLY REAL WAY FOR A JURY TO COMPENSATE A VICTIM FOR THEIR INJURIES IS BY ASSIGNING A MONETARY VALUE TO THE INJURIES. WHEN PEOPLE FIRST CAME UP WITH THE IDEA OF MONEY IT WAS MAINLY FOR TRADE SO THAT CHICKENS AND HOGS AND PRODUCE AND OTHER THINGS DID NOT HAVE TO BE EXCHANGED WHEN PEOPLE WERE ACQUIRING THINGS THEY NEEDED. CONSEQUENTLY, MONEY TOOK ON AN IMPORTANT ROLE IN OUR SOCIETY AS A MEDIUM THAT SYMBOLIZES VALUE. IN OUR CIVIL JUSTICE SYSTEM, WE CAN NOT GIVE A PERSON BACK THEIR ARM OR LEG OR LIFE AND WE CAN NOT TAKE AWAY ALL OF THE PAIN AND SUFFERING THAT EACH PERSON SUFFERS AS A RESULT OF ANOTHER PERSON'S NEGLIGENCE. THUS, WE HAVE DECIDED THAT IN A CIVILIZED SOCIETY WE SUBSTITUTE MONEY FOR KING SOLOMON'S JUSTICE.

HOW DOES ONE DECIDE WHAT PRICE TO PLACE ON A PERSON'S INJURIES? DO WE USE OUR OWN INJURIES AS A GAUGE? WELL, WE CAN, BUT EACH PERSON'S PAIN THRESH HOLD AND FEELINGS ASSOCIATED WITH THEIR PAIN ARE UNIQUE TO THAT PERSON. SOME SAY THAT PEOPLE SHOULD BE COMPENSATED FOR THEIR MEDICAL BILLS, BUT NOT THEIR PAIN AND SUFFERING BECAUSE EVERYONE DEALS WITH THEIR OWN PAIN AND SUFFERING. IS IT FAIR TO GIVE A PERSON WHO CAUSED SOMEONE ELSE'S PAIN AND SUFFERING A FREE PASS AND ABSOLVE THEM OF THEIR PERSONAL RESPONSIBILITY FOR CAUSING THE PROBLEM? LIFE BRINGS WITH IT CONSEQUENCES AND FOR EVERY ACTION THEIR IS A REACTION. FOR EXAMPLE, A CAR ACCIDENT IS CAUSED BY SOMEONE AND THEIR IS A VICTIM OF THE CRASH. SHOULD A VICTIM HAVE TO BEAR RESPONSIBILITY FOR THEIR OWN INJURIES BECAUSE SOMEONE ELSE CRASHED INTO THEM? BY THE SAME TOKEN, IF SOMEONE ACCIDENTALLY CRASHES INTO YOUR HOUSE, SHOULD YOU HAVE TO PAY THE COST OF REPLACING ALL OF THE DAMAGED PARTS AND THE DOG THAT WAS KILLED?

IN ANY EVENT, WHEN YOU ARE PRESENTING A CASE IN BURBANK COURT AND REQUESTING MONETARY DAMAGES FOR YOUR INJURIES, YOU ARE LIKELY TO HEAR JURORS SAY THAT YOU SHOULD ONLY RECEIVE YOUR MEDICAL BILLS THAT ARE REASONABLE. THAT MEANS THAT YOU HAVE TO PAY OUT OF YOUR POCKET FOR ALL OF THE MEDICAL BILLS THAT THE JURY DID NOT AWARD TO YOU. WHAT A WIN FALL FOR THE DEFENDANT WHO CAUSED THE PROBLEM! THEN, FOR EVERY DAY YOU WERE IN EXCRUCIATING PAIN THEY JURY WILL HAVE TO DECIDE HOW MUCH MONEY JUSTICE TO AWARD YOU FOR THAT PAIN THAT YOU DID NOT HAVE BEFORE YOUR BACK WAS WRECKED BY THE PERSON WHO DROPPED A BAG OF CEMENT ON YOU AT HOME DEPO. THE JURY WILL ALSO HAVE TO DECIDE WHAT FUTURE PAIN AND SUFFERING TO AWARD YOU AND WHETHER YOU ARE ENTITLED TO DAMAGES FOR EMOTIONAL DISTRESS.

EMOTIONAL DISTRESS FROM A BACK INJURY CAN BE QUITE DEVASTATING BECAUSE ONCE YOU ARE UNABLE TO SIT, STAND OR WALK WITHOUT PAIN, YOU ALSO SUFFER FROM DEPRESSION AND OTHER PSYCHOLOGICAL PAINS THAT HAVE CLEARLY BEEN CAUSED BY THE NEGLIGENCE OF ANOTHER PERSON. THIS OTHER PERSON MAY HAVE INSURANCE, WORK FOR A LARGE COMPANY THAT HAS INSURANCE OR OTHERWISE IS ABLE TO PAY THOUSANDS OF DOLLARS A DAY FOR THEIR ATTORNEYS. ON THE OTHER HAND, THE PLAINTIFF HAS TO RELY ON THEIR ATTORNEY TO PAY ALL OF THE COSTS OF COURT AND TRIAL (THOUSANDS AND THOUSANDS OF DOLLARS) AND FOREGOING ATTORNEY'S FEES UNLESS THEY RECOVER DAMAGES FOR YOU. WOULD YOU PAY TO FIX UP A POOR PERSON'S HOUSE IN DESPERATE NEED OF REPAIR, PUT IN NEW PLUMBING AND LANDSCAPING, PAY THE MORTGAGE COSTS ON A HOUSE YOU DO NOT LIVE IN, AND IN A FALLING REAL ESTATE MARKET FOREGOING BEING PAID FOR YOUR TIME AND COSTS UNLESS YOU WERE ABLE TO SELL THE HOUSE AT A PROFIT HIGH ENOUGH TO PAY THE OWNER A FAIR PROFIT? WELL THAT'S WHAT PLAINTIFF ATTORNEY'S DO AND THEY ALSO CHAMPION JUSTICE FOR THE INDIGENT, LESS ADVANTAGED AND THOSE WHO CAN NOT FIGHT FOR THEMSELVES.

SO WHEN YOU ARE DETERMINING HOW MUCH MONEY JUSTICE TO RENDER WHEN YOU ARE ON JURY DUTY, DON'T GIVE THE DEFENDANT A FREE PASS. MAKE SURE THAT YOU CAREFULLY CONSIDER EACH ELEMENT OF THE DAMAGES THAT THE PLAINTIFF CLAIMS THEY SUFFERED. DO NOT GIVE THE PLAINTIFF MONEY UNLESS YOU BELIEVE THEM AND THEN COMPENSATE THEM FAIRLY. A SMALL AWARD OF PAIN AND SUFFERING MAY BE ALL YOU WANT TO AWARD, BUT DON'T DO IT JUST BECAUSE YOU CAN. BE FAIR AND IF A PERSON HAS SUFFERED THEY SHOULD BE MADE WHOLE. IF THAT MEANS AWARDING THOUSANDS AND THOUSANDS AND THOUSANDS OF DOLLARS, THEN YOU HAVE A MORAL OBLIGATION TO FOLLOW THE LAW AND MAKE THAT AWARD.