I have found that not all clients are the same and not all trials are the same. Last month I had a trial which involved a mother and her 2 year old daughter who was injured when her car was violently hit in the rear and totaled by an elderly lady who unfortunately was not paying attention.
My client did not want to go to trial and wanted me to settle the case as she had been to court with another good attorney on a prior case that did not go well and left a bad taste in her mouth about the court system. Unfortunately, the insurance company did not think my client or her daughter’s injuries warranted a fair settlement value and my client was left with a decision whether to take a unfair amount or face the court system that she felt left a lot to be desired.
She decided to go to court and see what happens. On the day of Court my client was very nervous and apprehensive and questioned whether she was making the right decision to be there. She really did not want to bring a claim against the other driver, but she felt she was not treated fairly by the insurance company. When the defendant driver came to court she was also nervous and she was accompanied by her two grown daughters who were there for support.
We then introduced ourselves and everyone apologized for having to be here and that it was nothing personal between anyone. The defendant driver felt bad for running in the back of my client and my client felt bad for bringing a claim against her. Unfortunately, the law does not allow you to bring only against the insurance company and not the at fault driver except in limited circumstances and this was not one of them. Prior to trial it was agreed that my client would not get an excess judgment against the other driver and would limit her recovery to the applicable insurance limits. After many tears were shed before the first witness was sworn, the trial proceeded on. When the trial was over and the judge rendered a verdict that was substantially more than what the insurance company offered but within the policy limits, both my client and the other driver hugged and shed more tears that it was over and there was peace between them and justice was finally served. When it was all said it done I personally felt this was one of my rewarding trials and that it reaffirmed why I choose to become a trial lawyer.
