How many times have you read the headlines in the newspaper "Man wins $20 Million," "Woman awarded $35 Million Dollars after slipping on banana peel," "Jury verdict of $17 Million for brain damaged infant."
Don't you feel envious, even for just a moment? Don't you feel jealous that someone, somewhere, is going to get all those millions of dollars?
Well, that might be your first impulse, but looking at the facts you realize that you wouldn't want to trade places with that injured victim- ever.
During closing arguments in a trial, an attorney will talk about how much money they feel their client is entitled to. A good analogy is to imagine someone taking out a classified ad in the newspaper with the following headline: "$10 Million Dollars- Free! Just show up tomorrow morning." Don't you think every single person in the world would show up?
But wait! Before you can get your "Free $10 Million Dollars" you first must be a victim of medical malpractice. You must suffer brain damage because the anesthesiologist put the airway tube into your stomach instead of your airway. How many people do you think would still line up outside the door seeking the "Free $10 Million Dollars?"
There may be some crazy folks who don't care what they do for that kind of money. But hold on...what if there are more conditions before you can get that money?
Before you can ever see one dime, you have to be permanently and forever disabled; confined to a wheelchair, have no bowel control, and require a full-time nurse to attend to your every need. You need help eating, feeding, going to the bathroom, waking up and going to sleep. You need physical therapy 5 days a week, and you can only communicate with your family with grunts and moans.
How many people do you think would still take the money under those circumstances?
I don't know anyone who would go to that length to get $10 Million Dollars- even if someone was giving it away 'Free'. The next time you read the news headlines where some injured victim won millions of dollars don't think what they'll ultimately receive after appeals are exhausted. I guarantee you, they'd rather have their health than any amount of money. That money isn't going to make them healthy and whole again. It'll only provide the best medical care they can buy to support them and their broken family.
The next time you see an injured victim winning a large award, take a close look at the facts of the case, and the injuries that person suffered before wishing you were in their shoes. Doing so will make you a better person.
Attorney Oginski has been in practice for over 17 years as a trial lawyer practicing exclusively in the State of New York. You can reach him at www.oginski-law.com, or 516-487-8207.
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