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Intractable Pain – What Is It Worth?

I have never suffered a life changing injury. I have represented a lot of folks who have. When I meet with a new client, I let them know that I can feel their pain – not because I have been there…

I have never suffered a life changing injury.  I have represented a lot of folks who have.  When I meet with a new client, I let them know that I can feel their pain – not because I have been there myself, but because I have previously worked with so many others who have.  Every time I have said those words, they were sincere.  But it is easy to become desensitized.  A bit of time in the hot seat, however, reminded me of what they go through – every day – for the rest of their lives.

I started feeling bad Monday afternoon.  By early evening, fever, chills, headache and general discomfort c hit like a tsunami.  Until late this morning, life has been miserable.  No position was comfortable.  I was too hot or too cold, my coughing doubled me over and my headache never went away.  Now, only three days later, I can see the light at the end of the tunnel.  By Saturday, I will feel good enough to go to a Senior Bowl party our firm is co-hosting.

When I compare my three days of Hell with my clients’ lifetimes of pain, I am embarrassed.  But it was sure real when I was going through it.  If I ever feel the flu symptoms coming on again and the doctor tells me I can buy my way out of it, I will empty my wallet.  I’ll borrow money – whatever it takes.  Come to think of it, my clients would, as well.  They didn’t buy into their lawsuits – they would trade all the money they recovered for their good health in a New York second.

But they can’t.  And their problems aren’t over in three days.  They don’t just jump back on life’s merry-go-round.  The money they recover hopefully provides whatever physical comfort that is available through medicine, physical therapy or devices.  It also provides a psychological parachute for their families.  Losing a bread winner is its own, special kind of pain.  Whatever amount a person who suffers permanent, intractable pain recovers in a law suit, it never makes up for the pain.  The last three days have driven that point home for me yet again.  As bad as I felt, perhaps I needed to be reminded of what my clients go through forever.

Pete Mackey

Pete Mackey

Cum Laude graduate of Cumberland School of Law, Pet Mackey is a civil trial litigation expert who represents plaintiffs in business and consumer tort, contracts and construction, employment disputes and insurance.

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