Role Reversal: From Attorney to Plaintiff

 

As a Personal Injury and Business Litigation attorney in Charlotte, NC, I counsel my clients daily about the advantages and disadvantages of taking a case to trial. This past week I had the opportunity to sit on the other side, as I was the Plaintiff in an action to recover my medical expenses from an accident that occurred in 2008 that was not my fault. After two days of sitting in the other chair, I believe I have learned so much more than I ever could have by just trying a case.

In the early stages of any case, I always inform my clients of how long the litigation process actually is. Most people do not realize that from the time of filing a lawsuit, it could be anywhere from a year to eighteen months, or more, before we see the inside of a courtroom. Lawyer firm in Texas. Therefore, I always try to make it clear that if it is possible, settlement is the best option. However, sometimes settlement is impossible and a lawsuit must be filed. Even after filing a lawsuit, the Court supplies the parties many opportunities to settle their case. Depending on the Court the lawsuit is filed in, there is either mandated Arbitration or Mediation. Again, I explain to my clients that if settlement is an option, it is very important to consider it. Although time and money is often a factor when considering whether or not to file a lawsuit, it is also important to remember that trying a case in front of a jury is comparable to rolling the dice at a casino. Unfortunately, no matter how good of a case you believe you may have, you never know what a jury may do.

In my case, I was merely asking for my medical bills to be paid after a rear-end accident. My medical bills consisted of a hospital bill and ten chiropractic visits. Unfortunately, the insurance company was only willing to offer me half of my bills. After months of trying to negotiate with them, they refused to budge and I proceeded with filing suit. One year and seven months later, I finally got my day in Court. While preparing for trial I quickly realized that this was not a place where I wanted to be. Although I knew the law, and had great confidence in my colleague, I felt helpless. As I sat in the courtroom, and all my personal information was revealed for the jury, I felt vulnerable and exposed. Although I try to prepare my clients the best I can before they have to testify, I never knew that they may face such emotions being up on the witness stand.

After what I believe was a great presentation by our side, the jury only awarded me half of my medical bills. Waiting for the jury to come back with a verdict was nerve racking, and hearing it read out loud shocked me. I did not understand how the jury could not have awarded me my medical bills in an accident that was not my fault. I tried to remember what I tell my clients before trying any case; it is a gamble. But, it was hard for me to remember that as I sat in the Plaintiff's chair. I do not regret filing my lawsuit. Although I did not get the verdict I was hoping for, I took away a great deal from my experience. I can now understand what emotions my clients are feeling while they are sitting in that chair. It is definitely not a place I want to be again, but hope that my experience will make it easier for my clients to be there.