One of the most iconic movie quotes comes from Cuba Gooding Jr.’s character, Rod Tidwell, shouting “Show me the money!” in Jerry McGuire. There are songs every day on the radio about it and countless phrases like “money makes the world go ‘round.” But most people don’t willfully suffer an injury just for a payday. There is a lot of unwanted stuff that comes with it! The pain and suffering, recovery time, not being able to do everything you want physically, and the overall hassle of dealing with lawyers, insurance companies, defense attorneys and so on.
A common gripe (among many!) about attorneys is that “they are only concerned about the money!” Well, the short, quick, and dirty answer to that is yes, but it comes with a big caveat that needs explaining as to why. When you file a lawsuit, you ask the court for what is called a “remedy.” Black’s Law Dictionary defines a “remedy” as “the means by which the violation of a right is prevented, redressed, or compensated.” Boiled down, this means you ask the court to: prevent something from happening (injunction); monetary compensation for damage or injury (money); or, force an act to happen, usually from a contract (specific performance).
If you are injured, two of these remedies will likely not apply to you. There is usually no reason to seek an injunction because the injury probably already occurred. Likewise, specific performance would not be the remedy, because there was probably not a contract for you to be injured. This remedy is typically where real property is deemed unique and can’t be compensated with money. Thus, the only remedy normally available to victims is by monetary compensation.
Many victims of a personal injury or medical malpractice simply want an apology or a way to prevent others from experiencing the same thing. We have heard countless folks who, after searching for an apology, didn’t receive one and felt their only option was to pursue litigation to seek a “change.” While the court system is all about the law, it is not where the law is made. A personal injury lawsuit is usually an action between private persons and corporations seeking redress. Where Person A was injured by Corporation B because of a wrong, Person A sues Corporation B. This is most often in the form of monetary compensation. If Person A wants the law changed associated with the wrong that they experienced, that is done through the legislature, not a lawsuit.
Many lawyers don’t explain this up front and so it has a negative effect or connotation in the long run. Monetary compensation is most often the only remedy available to those who have been physically injured whether it is in an automobile accident, slip and fall, or medical malpractice action. Every case is different, so this is not a blanket rule. But most often, personal injury lawyers are talking about money because that is the remedy they are given through our court system to try to help compensate you for what happened.
