linden trees near water

okay.  I’ve wanted to talk about my trial for some time now, but all that legal mumbo-jumbo and the fact that I just don’t know how to give this ridiculous circumstance the sarcastic justice it deserves, has gotten in my way.  So now that’s it is done, settled, and put behind me….I will do my best:

Once upon a time, 3 1/2 long years ago, I left work and was driving to the hardware store for paint.  Slow moving, coming out of a light, a minivan stopped in the middle of the road.  As I pounded the brake, I tapped her rear-side.  I waved her into the parking lot and like a scene from the circus, a bunch of her children started to pile out.  I asked if everyone was okay/wearing seat belts, I insisted on calling for a police report against her wishes, and sat patiently for the cop.  The kids start carrying multi-gallon buckets to the nearby aquarium store to pick up salt water for their salt water fish tank. *enter any joke about owning a saltwater tank here* A couple things were said by my bleached-haired-denim-jean-vest-wearing plaintiff: “ah man, I just fixed my van from another accident and I have neck/back troubles”, “ah man, I didn’t realize I was hit, I thought my kid kicked me in the back of the seat”, “ah man, I don’t want a police report, it takes too long.”  ::sigh:: With no real damages to the vehicles and no physical injuries, the cop let us go without ticketing. 

Fast forward to present day, I’m being sued for $50,000 worth of medical bills, physical damage, & pain and suffering. WHAT!?!  ah yes…to put that into perspective…That amount could buy an 80ft yacht, or be used for a 44% downpayment on my neighbor’s house!!  So I found out that I needed to show up in a downtown Chicago court to have this case put before a judge and a 12 man jury, 4 days previous.  (During these four days I had to report to jury duty in St. Louis and a water pipe broke in our basement’s ceiling, filling the area with 2 inches of water)  Wonderful timing. 

So northward I head and hopped the train to lovely Chicago.  Walked to the court house in Daley Plaza, and to make this part short…I found out that I was practically the only defense that our side had.  My words.  Moreover, I was unable to state in court half of my deposition because, 1. there was no evidence, that the plaintiffs presented, that proved that she was in a previous car accident and had previous injuries (surprisingly convenient) and 2.  I or the responding police office could not comment on the conditions of the vehicles because we are neither experts in the field of automobile appraisals.  So pretty much, if we even hint that, “no damage, no injury” there is a mistrial and we would have to do this whole trial over again.   Another funny thing that was brought up by the plaintiff, was that she was claiming that I stated that I was “late for work and in a hurry”.  What a Lie.  

As I collected my things to head back south to the suburbs, I was told by my lawyer that one of the only things that we can hope for is that, “the jury likes me”.  The plaintiff had an unlikeable stench about her, and I on the other hand was educated, well spoken, and ‘likeable’.  ::sigh::  My only hope.

The next day was pretty quick.  We thankfully settled the case.  My insurance company agreed to pay $14,000-$17,000 to each plaintiff plus another $4,000 each for their ‘pain & suffering’.  So a total of $39,000 to settle & close the case. 

In conclusion, I am thankful that it was settled.  I am glad that I didn’t have stay in Chicago having to go to court everyday, possibly staying 3-4 days after what they first predicted.  Although, one thought has provoked my mind since I was told I needed to appear….  What A Waste of Time And Money.  Not only my time and my money, but the tax payers money, the judge and juries’ time, the lawyer’s time, even the plaintiff’s time.  What a waste of the people who think that they can casually sue someone for something so insignificant…something that was obviously an accident!  I was not malicious in my actions.  I did not come after them out of spite or revenge, or in any kind of force mind you.  I was recently in a major car accident on a highway which totaled both cars involved, put me into an ER, and refused me a week of work.  Am I suing them?  NO.  Because there is karma in this world and there was no need.  It was an accident.  There was nothing that could have been done. 

This plaintiff got away with 39Grand. How sad.  Through America’s court system and laws already in place, I was refused say in my case and had to rely on my physical appearance to defend myself.  How sad.  That some American lawyers believe that ambulance chasing (in this case, there was no ambulance) is a tactful thing to do.  How sad.  That this case was even brought up. How sad.  How thankful I am that we had a good insurance that would have taken care of all expenses and risk. 

Lesson to us all: 

1.  Make sure that you have a high enough coverage to pay for medical, property, and legal costs.  Because if something does happen…you might have to pay that $50,000 out of your own pocket. 

2.  Don’t waste your karma points on something so small and trivial.  You’re going to need those points someday.  Ask yourself, is this worth it?

3.  Don’t hit anyone.  Back to kindergarten basics, I know

And a question that I must ask the heaven’s after about 600 miles between St. Louis to Chicago and back, 4 hours train travel + cost of tickets, at least the cost of 4 meals, having to reschedule jury duty, postponing needed work on flooded basement, missing my husband and pug, feeling the anxiety of being sued, time talking to lawyers and giving depositions…where’s my $4,000 in pain & suffering?

Oh! to finish off the week, yesterday I noticed that someone was in my car overnight.  They actually opened my door, rummaged through my glove box leaving all the papers, receipts, and napkins on the seats.  After finally realizing that I had no iPod, CDs, or phone to steal…they took all my quarters out of my cup holder.  ::sigh::  The state of the human race, indeed.