Making Use Of The Pity Strategy
It is your typical personal injury lawyer who best resembles a famous American humorist
. Each one assumes that the best way to raise money is to push the pity button, to sell an image of his client as helpless and tragic. But the pity strategy also has a darker, malign side, as perhaps illustrated by a recent heart chilling murder suicide in Alexandria, Virginia.
It is possible to have variations, those which are parallel with how much you get the hearts of the jurors, when it comes to the amount of a jury award. In this case, the pity technique may be effective but it does more than it is supposed to after convincing the jurors, it also convinces the injured plaintiff and his family of his meaningless future. An option for some lawyers in this case is changing the strategy.
Reacting with the thought of no longer having a meaningful life is a newly disabled person and his family. Typically, instead, it becomes more deeply embedded by extensive trial preparations and the eventual courtroom drama.
What was mentioned by an Oakland, California consultant to personal injury lawyers who was also a lawyer was that these social meetings carry a special message for the trial bar.
Using the degree of being handicapped of the plaintiff to measure personal injury damages should no longer be done. What will be better is the consideration of the costs of providing for the needs of the afflicted.
It was the consultant who said that most plaintiffs do not need to emphasize the degrading type of evidence that apparently was largely unavoidable in this man's suit, but a trial lawyer will not be worth anything if he does not dramatize his client's plight as pathetic and abhorrent.
In this case, clients are normally directed to refrain from independent activities including caring for their own personal needs before and during the trial. In this case, it is that lack of effort that leads to money.
Unlike the psychopathic reasoning of the Vietnam War era which held that destruction leads to salvation, the California lawyer liked this particular approach. But jurors will respond positively, she thinks, to a shift of focus from the plaintiff's helplessness to his quest to become as independent as possible.
Taking the typical costs of independence into consideration, it is possible for this to include buying and maintaining various kinds of sophisticated high tech equipment that can assist in mobility and functioning.
It could also be those of job training, personal attendant and homemaking services, sex and peer counseling, and substantial modifications perhaps utilizing robotics and computer technology to the plaintiff's home or workplace.
What is necessary is for the inevitable social consequences of disability, discrimination and stigma, not to be overlooked. The injuries are not responsible for these problems but the ancient attitudes of society toward disabled persons are.
If social exclusion is not bad enough, you have inaccessible buildings and transportation systems not to mention job and housing discrimination.
For a large reward, a realistic basis is created by the arguments for damages from such causes but the individual is not demeaned. Life with severe disability and the accompanying social stigma is never simple.
Nevertheless, you can still have a useful and rewarding life. This can be possible if the disabled person is not taught to see himself as handicapped.
by: John Chambers
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