Reflections on Jury Duty and Health
March 16th, 2009
Earlier this week, I had my first experience with jury duty. Although I wasn’t selected, the case being tried inspired me to reflect on relationships between health, liability and lawsuits.
The Case
During the entire day that it took the lawyers to select the jury, they provided quite a bit of information about the case through the questions they asked potential jurors. The case was about a lawsuit regarding the injuries from a seemingly minor car accident. Although the defendant admitted to being at fault for the accident, her defense was based on the notion that the injuries of the other driver were preexisting. It was in the hands of the jury to decide if the injury was indeed preexisting, if the injured party should receive compensation, and if so, how much the compensation should be.
First Impressions
We’re all prone to developing biased first impressions. The key to the objectivity required by a juror lies in the ability and willingness to change that impression based on sufficient knowledge. The first impression I developed of the plaintiff is that she struck me as someone who didn’t take good care of herself. This is something that particularly bothers me. I don’t like wasted potential, and what greater potential is there than life itself? I wondered if I would be an unfit juror based on this initial impression, but I’m confident that I’d be able to put it aside to consider the case with an open mind.
Since I wasn’t selected as a juror, I’ll never know the details of the case nor how accurate my first impression was. However, it left me with an intriguing question. If someone neglects their health for years and predisposes themselves to injury, should the person who accidentally tips them over the edge be held liable?
Back Injuries and Migraines
A herniated disc and frequent migraine headaches were the primary injuries cited in this case. Both are alarmingly common today, and as is often the case, lifestyle factors are frequently involved. Neglect of diet, exercise, posture, water consumption, and even breathing technique can all play a significant role in the development of both problems, and these lifestyle factors are all things that we have complete control of.
Based on my first impression, I began to wonder if the plaintiff had been inviting these problems for years with unhealthy habits and if the car accident was simply the straw that broke the camel’s back.
A Hypothetical Scenario
Let’s assume that my initial judgments about the plaintiff are accurate, and that after many years of unhealthy habits, she was a walking time bomb prior to the accident. Should the other driver be liable for this woman’s history of neglecting her health?
My first impressions troubled me because the woman I was passing judgment on was clearly in pain. However, we’ve all heard stories of ridiculous settlements and cases such as these can literally bankrupt the defendant. Sure, money is nothing compared to the physical ability to enjoy life, but losing a large sum of money to a lawsuit can have a significant impact on life as well.
Taking Responsibility
Some people would rather go through life playing the victim and blaming their problems on others rather than facing them head on. This certainly doesn’t help them resolve their problems, and it sucks other people into their atmosphere of negativity. The world would be a much better place without this type of mentality.
One of the potential jurors happened to be a safety instructor for motorcyclists. He suggested that accident victims legally absolved of fault should still take partial responsibility and reflect on what they could have done to avoid the accident. After publicly ridiculing this man, who I thought had a valid point of view, the plaintiff’s attorney promptly requested to have him disqualified. I suppose it wasn’t in the attorney’s best interest to have a jury member who believed in taking responsibility.
Subjectivity
Unfortunately, it’s probably too difficult to objectively evaluate if someone predisposed themselves to an injury through neglect. How would the judge and jury evaluate someone’s lifestyle habits, especially when they’re unlikely to know themselves what a healthy lifestyle is? Furthermore, it’s hard to blame people for their unhealthy habits when our media, government, and medical system are misguiding them with suspect information. Although this doesn’t excuse anyone from taking responsibility for their health and well being, it certainly makes it much more difficult.
I do believe that any driver inflicting harm or inconvenience on someone else through their own negligence should be required to compensate for it, but the compensation must be fair to everyone involved. Humans are prone to mistakes, and as such, driving is an inherently dangerous activity. Personally, I don’t think it’s fair for an injured victim of a routine car accident to expect a large sum of money for injuries that they predisposed themselves to through their own neglect.
What do you think? Would you feel slighted if you were the driver at fault? Would you feel entitled to a large sum of money if you were the victim?
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You raise an interesting argument – at what point could someone be legally responsible for someone else who neglects to take care of himself/herself? Could this line of thinking also apply to some medical malpractice lawsuits?
To me, the most frustrating part of this case is that the plaintiff was suing “for compensation”. Compensation for what? If for medical expenses not covered by insurance, that’s one thing. But for “pain and suffering” … give me a break! Too many people find it too easy to place 100% of the blame on others and are unwilling to take responsibility for their own actions (I agree with the motorcycle safety specialist). It’s simply easier for these people to try to get rich by claiming to be completely blameless. In our country, it seems too much time and money is wasted on frivolous lawsuits. Unfortunately, the laws will never change because the lobbyists representing the seedy ambulance-chasers are so deep in to the pockets of the politicians. In fact, most of these politicians are lawyers themselves (although not necessarily in the courtrooms).
But back to your questions. I absolutely would feel slighted if I was the driver at fault. The driver has mostly likely already been penalized with traffic violations, points, fines, etc… If I were the driver, I would consider that to be my “punishment”. But to be ordered by the court to pay damages to a plaintiff who had pre-existing conditions – I would feel wronged indeed! If I were the victim the only way I can imagine feeling entitled to monetary compensation would be if I were permanently injured (e.g., paralyzed) by a drunk driver to the point where I could no longer work to provide for my family.
Thanks for raising a thought-provoking issue.