Our Civil Justice System has Limits!

I must admit that I am not too “hip” with social media or online business reviews.  Until recently I thought “Yelp” was something a puppy does.  Nevertheless, our office received a review on Yelp in January that was less than flattering.  While we have not been able to identify the author, the post itself reveals the limitations and frustrations of our civil justice system.

In Tort law, the civil justice system is designed to provide monetary awards to plaintiffs and there is no “fast” way to litigate.  Litigation can be a very long process that includes discovery battles, scheduling conflicts, coordination of experts, and coordination with a busy court calendar.  Once you get through all of that the outcome rests with a jury.  Even in a case where the monetary award exceeds all expectations, money can never completely “heal” an injured plaintiff.  

Meja sings a song, “It’s all about the money” and oftentimes defense attorneys attempt to present this ridiculous argument to juries; I have even heard of a plaintiff’s attorney that embraces that very concept.  It is a very shallow view.  The reality is that a plaintiff’s damages can often include a lifetime of physical limitations, mental anguish, severe anxiety, and related stress.  Money does not heal those damages.  Money does not resolve the ill will a plaintiff may have for the intentional tortfeasor (at-fault party) who commits battery, false imprisonment, or sexual assault.  Money is a means to an end–it provides for treatment, both physical and mental–it provides for lost income and the future ability to earn income–it provides for an alternative to your favorite activity when you can no longer participate because of physical or mental limitations.

At Luke Law we have a network of counselors, physicians, therapists, and other professionals we are able to recommend to our clients so that each of them has an opportunity to fully recover from the damages they have sustained.

Rest assured that Luke Law prepares every tort case as if a trial will occur.  It’s the only was to achieve monetary justice for our clients.  Over the past 12 years we have encountered a few cases where our client was simply not prepared to handle the rigors of a trial and, in conjunction with a mental health professional, we had to recommend settling the case to avoid a trial.  Those are unfortunate situations because there is no “day in court” for the client but the reality is that in those few instances our client needed something that money cannot provide.

If you have a question about a personal injury case, please call us for a free consultation.  Take the time to ask us about our litigation experience, our outcomes at trial, mediation and pre-suit, and make sure you ask about the costs incurred at every step.  Recoveries are typically higher at trial but in several cases the cost to present a case to a jury exceeds the amount gained at trial and the client can walk away with less money in their pocket.

By the way, at Luke Law your attorney is your “case manager” and will be the person you communicate the most with in our office.