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.??
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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.
CEO at Etemi Law | Trial Lawyer | Injured? Dial (203) 680-8080.
3 年Brilliant. Love everything you wrote. ??
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!
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.