Philadelphia Injury Attorney Blog

I was recently discussing a catastrophic death case with my opponent who seemed most focused on learning about how my client’s daily life and activities were affected from the catastrophic accident that tragically took her husband’s life when he was 32-years-old.

My client was perfectly healthy when he went in for a simple and innocent medical procedure and died one of the most painful and horrific deaths after he languished for many weeks with what our skilled medical malpractice lawyers and experts considered to be a negligent medical diagnosis and treatment. Obviously the words that I communicated to my experienced opponent seemed to ring hollow as I described what life was like for the surviving widow and young children of the unfortunate victim. As an experienced Philadelphia medical malpractice and product liability lawyer who has shared the losses of loved ones with all too many families over the last three decades, and as one who has also suffered the loss of a parent and dear friends, I understand that it is hard to put into words the feelings and emotions that overcome an individual when they learn of another’s passing and have to deal with it on a daily basis.

Many years ago, while handling a mass catastrophic accident involving the deaths of five individuals and extraordinary life changing injuries to nine others, I attended many funerals and had occasion to embed myself with the families of the victims. The outpouring of grief and emotions is almost impossible to accurately describe and communicate, and therefore, I reached out to an experienced grief counselor who had worked with victims of the 9/11 World Trade Center catastrophe. The grief counselor assembled a group of psychologists and psychiatrists to interview and counsel the surviving family members and was able to document and explain to the defense and the parties that they represented the complexities of grief and emotional trauma suffered by the plaintiffs and their survivors. Experienced grief counselors and psychologists understand the normal path of bereavement and grieving. I have learned that bereavement and grief possesses many different stages for individuals and have learned that as chance favors the prepared mind, it is best to prepare for this type of questioning by defense in any catastrophic injury or wrongful death case. Whereas a widow or child will normally be extremely emotional and cry as they detail the grieving process, a grief counselor and psychologist can assist in demonstrating the emotional damage aspect of the legal claim and help jurors understand the true extent of a client’s suffering.

If you or a loved one has sustained a catastrophic injury or wrongful death, the experienced Philadelphia personal injury and Philadelphia trial lawyers of Reiff and Bily understand the heartbreak and sorrow and what it takes to recover the financial damages to which you are entitled. We always offer a free, no obligation consultation as well as a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced Philadelphia personal injury lawyer since 1979 who has also been studying the art markets and trends in the cost of paintings, I am somewhat astounded how even in this crippling economy art that originally sold for $10,000 in 1960 is now bringing price tags of over $100 million dollars at recent auctions. In every legal case where someone is catastrophically injured or killed, after a lawyer successfully proves liability in the case, monetary damages are typically rewarded to the plaintiff. Monetary damages are generally awarded to compensate the plaintiff for the loss of life’s pleasures including physical and emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, impairment of mental or physical capacities, frustration, humiliation, degradation and a non-inclusive list of other factors. Many times this is not easily quantifiable and depends on the individual circumstances. Of course, an economist or vocational expert can easily calculate the loss of earning and earning capacity. However, what is the lost value of one’s hopes and dreams. Should a small piece of art cost so much more, when both are intangibles?

I recently read an article in a magazine concerning artist Mark Rothko who committed suicide in 1970 leaving behind hundreds of unsold paintings that he didn’t want to part with because he considered them to be his children. He claimed that the paintings embodied his dreams. He became possessive of these dreams and didn’t like to send them to live off with just anybody. Rothko’s signed art was secondary to making it, and he had a love/hate relationship with success. When I contrasted this situation to the typical client we represent in personal injury cases, how many people also would like not to have to part with their life as it existed prior to a catastrophic injury and for families of the deceased an even more confounding and tragic situation.

Continue reading ""Why Is a Piece of Art worth More than the Value of a Personal Injury Case When One Has Suffered Catastrophic Injuries?" Ponders An Experienced Philadelphia Accident Lawyer" »