A Reminder of Why What We Do Is Right

A Reminder of Why What We Do Is Right

When something precious is wrongfully taken, all people have a burning desire for justice. The way we address that universal need is to demand recognition and payment for the full value of what was wrongfully taken. The operative words are “wrongfully taken”. We’re not talking about something of value being lost by no one’s fault. We’re not talking about bad luck, disease, natural disaster or happenstance. We sure as heck aren’t talking about a mere accident.?

“Accident” is a word used to communicate that the outcome was no one’s fault. For example, a young child accidentally overthrows a baseball and breaks a window, or a grownup accidentally steps on his dance partner’s toes. What we’re talking about is more than an accident, it is an official wrong under our civil laws. We call it “negligence”, which means the person failed to use the amount of care expected of and demanded of a reasonably careful person in our society. In other words, the person inflicted harm by acting unreasonably. They didn’t mean to cause harm, that would be criminal, but they did do something that rises to the level of a wrong under the law. Even though it doesn’t belong, the word “accident” has crept into injury cases because it is a common term attached to car crashes. Let’s be clear, we’re not here to punish people for mere accidents; we’re here to pursue justice for civil wrongs. We are in the business of getting remedies. It is not just our business; it is our calling.

This code of recognizing fully and completely the value of what has been wrongfully taken by another goes all the way back to the Book of Exodus with the principle of eye for an eye justice. Exodus 21:23-25 states, "But if there is harm, then you shall pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe."? Leviticus 24:19-21 repeats this rule, "Anyone who injures their neighbor is to be injured in the same manner: fracture for fracture, eye for eye, tooth for tooth. The one who has inflicted the injury must suffer the same injury."? Scholars of scripture tell us the phrase “eye for an eye” is used in the circumstance of a court case before a civil authority. It was intended to be a guiding ethic; it was not meant to advocate personal vengeance.??


While we don’t enforce eye for an eye justice in the old barbaric way, the principle remains the same. We still demand full and complete recognition of what was wrongfully taken in the way of health. The new way of enforcement is we gather people from the community to assess a monetary value for that which was taken. Just because we have become more civilized does not mean we turn a blind eye to justice, that would mean no justice at all. Likewise, we do not shy away from full value for what was taken, for that too would be unjust. Instead, we address civil wrongs with the same seriousness today as we did in our distant past. We respect this fundamental belief in righting wrongs just as much as our ancestors did.

We have inherited the duty to be enforcers of civil law and order.?

Being passed that torch is an honor, especially when you realize who you are carrying it for: people who picked you to stand up for them when they couldn’t stand up for themselves.

Excellent excellent excellent! I used the principle of eye for an eye justice before a jury and without a doubt it resonated.

Ron Etemi

CEO at Etemi Law | Trial Lawyer | Injured? Dial (203) 680-8080.

3 年

Brilliant. Love everything you wrote. ??

Jordan M. Laird

Attorney at LAIRD LAW PLLC

3 年

A great reminder of what a privilege it is to do what we do. Also a great reminder of how to empower the jury to render a full, American justice verdict. Thanks for sharing!

William Rothrock, CSSC

I specialize in medical malpractice cases involving birth injuries, offering tailored solutions for clients and their attorneys using my extensive knowledge in trusts, finance, and structured settlements.

3 年

Keith Mitnik, I take the fruits of your labor and make it work better by helping you and the client understand finance.

要查看或添加评论,请登录

Keith Mitnik的更多文章

  • The Audacity to Ask For Full Value

    The Audacity to Ask For Full Value

    After you have elevated damages to their rightful place and put an end to belittling pain, you are ready for the final…

    3 条评论
  • Putting an End to Belittling Pain

    Putting an End to Belittling Pain

    (Maximum Justice Matrix – Step 2) Here is a sample closing. Ms.

    6 条评论
  • Maximum Justice Matrix

    Maximum Justice Matrix

    Dignity of Damages (for yourself) It starts with an encouraging refresher for yourself: Clients don’t come to us to win…

    7 条评论
  • Is this really a PROBLEM?

    Is this really a PROBLEM?

    Here is a question someone sent to me last week: In 2011, my client was rear-ended and had lumbar surgery with hardware…

    10 条评论
  • Not Going to Doctor Right Away & Not Having Surgery, Not a Problem

    Not Going to Doctor Right Away & Not Having Surgery, Not a Problem

    Two more common wannabe bad facts are not going to the doctor right away after the crash, and not having surgery once…

    1 条评论
  • Don’t Let Them Turn Your Case Inside Out

    Don’t Let Them Turn Your Case Inside Out

    Another way the defense tries to unfairly discount and diminish our clients’ disk injuries is to use a strategy I call…

  • Prior Injuries Are Not a Problem, They Are Part of Life.

    Prior Injuries Are Not a Problem, They Are Part of Life.

    Prior injuries are another example of the defense trying to box you in with their preconceived notions about what…

    4 条评论
  • Aggravation Cases Aren’t Damaged Goods. They’re Good Cases, With Big Damages.

    Aggravation Cases Aren’t Damaged Goods. They’re Good Cases, With Big Damages.

    The defense fabricates false discount factors to short our clients, then works hard to make them seem valid and…

    2 条评论
  • The Pain Lasts Forever

    The Pain Lasts Forever

    Here are some more examples of the little things that add up to a lot: When they go to bed, it’s hard to get and stay…

    2 条评论
  • Damages: It’s the Little Things

    Damages: It’s the Little Things

    In proving the magnitude of what was taken, we are often drawn to the dramatic, as opposed to the less exciting daily…

    5 条评论

社区洞察

其他会员也浏览了