This post is not for my dearest Heather (who really needs to stop reading this now) as she’s lived through this more than enough for five lifetimes.
I am still gathering thoughts and impressions over this. I also still fully intend to write a book on our experiences. But one can say that after three and a half years this part of the journey is over.
I am home recovering today because going back into work on the East Coast Monday morning after 10 days on the west coast and travelling roughly 8 hours on the day before with a 4am wake up and landing at midnight (Pacific) (an hour late) may not have been the wisest idea.
During the case we asked for $1.4(M). This was based on several things not the least was permanent spinal damage that was going to cause a life of pain managed by monthly prescriptions of closely monitored narcotics, MRIs every 1-2 years to assure the damage wasn’t getting worse, the loss of our ability to have further children (Narcotics really aren’t good for children in utero), and the general upheaval to our lives. (The breakdown was $1M for Heather, $300K for myself, and $100K for Aiden)
The testimony of the “Independent” Medical Examiners, which is legal talk for Doctors hired by the defense to destroy the credibility of the injured party, were horrifying. Both made Heather out to be someone who was suffering from Scoliosis from before the accident and overselling her pain. They also went so far as to say that narcotics were bad for her.
The closing argument from the defense attorney was horrid. Any desire I ever had for legal work evaporated as he bent the misinformation into truth and bent the truth into unreliability. It was in a word sickening. This included such statements as, “I’m an only child and I’m happy.” I do not know how this man lives with himself. And I hate the argument, “You were just doing your job.”
The jury came back and awarded fair damages for medical work done in Washington (<20K which will likely all go to repay subrogation), but once we moved it was considered unnecessary. I’m not really sure how leaving a state cures someone. They believed no future medical costs were necessary. There was some pain and suffering as Washington mandates its award if economic damages are awarded. On Aiden and my behalf they awarded chump change for pain and suffering. Of whatever we see, 25% goes to the lawyer as payment.
Our lawyer informed us that two jury members utterly believed our story and were prepared to offer us what we asked for. One elderly woman however utterly felt that Heather was a narcotics addict and believed everything else. And the rest of the jury… compromised in the middle. Well conservative side of middle.
We’ve now seen what works and what horrendously doesn’t work in the Justice system. We know the games and powers that insurance companies use to batter away at the will and confidence of victims.
Make no mistake, Heather has received permanent spinal injury from the accident that she was a victim of. The type of injury can cause an array of neurological damage that she as been blissfully spared (so far). At the same time it also causes pain that is on par with delivering a child 24/7 and will live with that forever.
The insurance company and the defense lawyer where solidly aware of that. But did their jobs to undermine her as a victim. That is their jobs. Ours is to learn and to change the system so that the innocent aren’t damaged to the level we were.
