Commentary on the Right to Trial By Jury

The following is a post from a Michigan resident concerning the right to trial by jury and accountability. The post came after a local Michigan paper ran an article about an ongoing trial by a personal injury victim who was seriously injured in a motor vehicle collision. The article generated a lot of comments, many of them negative about injury victims and their attorneys prosecuting an injury claim through Court.

“…independent treating doctors saying this poor person is permanently disabled, and insurance company doctors who miraculously find nothing and blame everything on something completely unrelated. Surprise, surprise. The point is only the jury hearing the evidence knows what the true facts are. But one thing we all should defend as Americans is the right to trial by jury, and if indeed this woman has suffered serious injury through the fault of another, and her right to life and pursuit of happiness has been reduced as a result, then it is not only fair but essential that an American jury who hears all the evidence return a verdict that encompasses the full measure of her damages and losses. That is what the founding fathers envisioned in the Bill of Rights, that is what my Republican party always stood for - individual liberty and the right to trial by jury - before it was taken over by insurance companies and big business. This jury is performing an essential American function, and holding someone who has presumably caused great harm responsible and accountable. I fail to see how throwing out emotional charged and frankly insulting language about ambulance chasers or diminishing a person’s worth or liberty is responsible. A person who has wronged another should pay the full measure of the damages they have caused. That is what we teach our children, that is what the founding fathers to this country envisioned by protecting our freedom and liberty in the Bill of Rights. Throwing out stupid or insulting names diminishes us all.”

Commentary from MCW: If someone takes money from you, you have a right to seek redress through the Courts to recover what was taken from you. Personal injury victims who have been carelessly or recklessly injured by someone should have the same right to recover their damages in Court. The fact is most of the time when people have to resort to a lawsuit to recover their damages, it is because an insurance company has made a decision to offer less than is truly owed on the claim. Many times these offers are so low they do not even cover the incurred medical bills and lost wages. This leaves victims with two choices: Suffer a financial loss due to someone elses irresponsible behavior or seek full compensation through the Court system. For those that don't believe in lawsuits, lend me $100 and I'll promise to pay you back that amount but then when the money is due I'll only offer you $25 to pay you back. If you want the other $75 I "allegedly" owe you, you'll find yourself in the same boat as many injury victims in our State.