I will never forget listening to a fellow insurance defense attorney share his thoughts about the type of case that scared him. Here’s what he said.
First, I’ll tell you want doesn’t scare me. I don’t fear a paraplegia case where the plaintiff sits at home in a wheel chair, depressed, and spending his entire day in front of a TV set. I don’t fear that person coming into court to try to convince the jury to feel sorry for him.
But here’s the type of case that does scare me. That’s when a paraplegic plaintiff gets home from the hospital and immediately begins upper body exercises. Where the plaintiff joins a support group in which accident victims support each other. Where the plaintiff attends vocational school to learn a new occupation that can be performed from a wheel chair.
And what really, really scares me is where that plaintiff starts participating in wheel chair basketball games and other athletic events. That is the type of case that keeps me up at night with worry.
This attorney was sharing a powerful insight; namely, that juries don’t like whiners and complainers. By contrast, juries award fair and just money damages to people who, despite their injuries, take responsibility for their lives and make the best of a tragic situation.
And it is for this reason that I tell all of my Idaho personal injury clients that their first task is to try to get well as soon as possible, and to utilize whatever resources are available to enhance their lives.