SUE-HAPPY

Not A Sue-Happy Person?

Lately I have been hearing this term more often, “sue-happy.”  As an injury lawyer, I am often contacted by potential clients that are very concerned about making any claims, because they don’t want to appear to be that type of person. I fully understand that.

Here is the funny thing…if you are worried about appearing as that “type” of person, you probably are not that type of person.  The folks that are looking for a lawsuit on every corner could not care less what is thought of them. 

Sue-happy people bring frivolous lawsuits. Examples of this include a man who sued a dry cleaners for millions when they lost a pair of pants. Ridiculous. I wish I had been able to be the judge at that moment. He would have never forgotten it.

It is cases like that bring disrepute on lawyers, the justice system and victims with legitimate, compensable injuries. 

Seldom do we hear about the cases that are settled. This is sometimes because we have to sign confidentiality clauses that prevent their discussion. Often, it is because they are quietly settled, without a suit even being filed.

Other traits bring disrepute on the legal system too. Obnoxious television ads by lawyers are constant. Unethical medical or chiropractor clinics calling injured people the day after a wreck.

The other day, a client came in having nine calls or messages on her phone after a wreck!

A real case, that is not frivolous, demands justice. Often times, this can be settled quietly without going to court. But is trial is necessary, honest victims should not have to apologize for simple making a claim that the insurance company often undervalues.

Many cases in my office have medical bills of $50,000 – $500,000, in addition to lost wages and disability, not to mention what they have been through. These claims, by people who hire me, are not brought by sue-happy people. Many times, they feel awful having to even make a claim.

It is a good reminder that our tort law derives from the Bible, and that there are right ways to go about it.

Should a Christian Ever Sue??

Christians and Lawsuits--

Should a Christian Sue?

As a Christian, and a lawyer, I have been asked about this many times. As with any question, we should consult the Scriptures first.

The Biblical text that is most often cited is Paul’s letter in 1 Corinthians 6:1-8:

If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church! I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers! The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers. (NIV)

Let’s look at the passage carefully. The kind of cases involved in the passage are described in the text:

A “dispute,” that is “trivial” in nature, “between believers,” involving being “cheated” and “wronged” and this dispute could well be judged by a “man of little account in the church.”

The type of actual dispute is not revealed, but from the description above it is clear that it involves a matter that is between two believers, where one feels cheated or wronged and appears--to others at least--as “trivial” in nature. The Bible expressly states that legal action in that situation is shameful.

An example of that might include a Christian church member suing another member for slander for unknowingly sharing partially false information in a prayer request about her, and hurting her reputation. Or, it could involve a dispute between two members of a church suing one another over the giving of a poor reference for a job. (Yes, both of these are unfortunately based on real cases).

There is little doubt that these bring the reproach of men upon the church, and are horrible examples. However, Paul himself resorted to law twice when he was wrongfully arrested as a Roman citizen. He also used the threat of law in Acts 16:37. When one examines the Biblical admonition carefully, there is a clear distinction depending upon the type or nature of the dispute.

For instance, cases that I handle generally involve serious injuries or death. Any case involving grievous injury or death, by definition, is not at all “trivial.” I hasten to add that 98% of cases settle without trial, so even the most serious cases rarely see a courtroom. Mediation, which is based on Matthew 18, is often used with great success.

Further, these types of serious disputes are rarely actually “between believers” in any real sense. For instance, if I represent you because you were paralyzed when a truck rear-ended your car, I have to name the negligent driver of the truck (who may be a Christian) in order to obtain the compensation due from his auto insurance. Recall as well, that insurance is purchased to assist us all in paying for accidental acts that may harm someone, and to help protect our assets in that event. It is exceedingly rare for any case to cost an insured driver one penny personally. Many cases are against large corporations that, of course, do not have souls, and therefore cannot be believers.

I may represent a Christian, against a nursing home chain for neglect in allowing terrible bedsores. This is usually a large corporation that often put profits over people. These cases are clearly not what is banned in the Corinthians passage.

Finally, cases that I handle, against negligent drivers, doctors, hospitals and nursing homes are not at all the type of cases that can be resolved by “men of little account in the church.”

While there are many other types of law, the type that I deal with is mentioned frequently in Scripture. Much of our civil injury law (called “tort law”) is actually based on the Bible’s passages.

For instance, the law governing dog bites in Tennessee states that if my dog is not known to bite I have no liability for it doing so. However, if my dog has a vicious nature and is known to bite then I am liable in tort law for all damages. Compare, Exodus 21:28:

If a bull gores a man or a woman to death, the bull must be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull must be stoned and the owner also must be put to death. However, if payment is demanded of him, he may redeem his life by paying whatever is demanded.

Or, look at the law regarding a slip and fall on a premises owned by another. If I create a condition that I know is dangerous and leave it as a virtual trap for another, I am liable in civil damages. Compare Exodus 21: 33:

If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, the owner of the pit must pay for the loss;

Other interesting accidents in Scripture include the negligent attaching of an axe head to an axe handle such that it flies off and kills someone while chopping wood (Deut. 19:5); and the dropping of a stone on an unseen man (Num. 35:22).

Also, the negligent person has a responsibility as well. Sometimes people talk of lawsuits being a way of making another person responsible for one’s own misfortune. But, if not for lawsuits generally, we may still have Ford Pintos with exploding gas tanks on the road, burning people alive after very minor car accidents. The medicines we take would not be so thoroughly tested. Nursing homes would not be under any incentive to give better care.

As you can see, the Bible does not forbid lawsuits, but it gives us much direction. Here is a Biblical checklist that may be helpful in evaluating a potential claim:

1. Is this matter “trivial?” (If so, overlook it.) (1 Cor 6:2 & Col 3:13).

2. Is this matter solvable by involvement of others at church? (1 Cor 6:4 & Matt 18:15).

3. Are my motives selfish or vengeful? (If so, stop). (Phil 2:3)

4. Have I tried to resolve my claim before suit or court? (Proverbs 25:8).

In the end, some will say, my cases are about money. I understand the criticism.

However, as I may tell a jury, “Don’t give her money---give her back time…give her back years of pain…give her back a life without this suffering…give her back her quality of life. But if you cannot give these things, then compensation is all we can ask for. It gives her freedom and it gives her choices. That is all we have to offer her.”

Our Society Today

OUR SOCIETY

A society can be judged by how we treat the most helpless among us.

The single most helpless life is a “fetus” (Greek for “baby”). We have aborted 50 million lives in what is supposed to be the safest place on earth, their own mother’s wombs. This loss of 50 millions souls is also a loss of a large work force as well. This is one reason why Social Security is bankrupt, as many of the terminated children would be working and paying in their share during the 37 years since abortion was legalized.

Further, people are quick to blame God for things like cancer. However, it is possible that the scientist destined to cure cancer was sent, and was aborted. Ironically, many who are rabid in their support for healthcare reform do not believe in the right of healthcare for the unborn. Future generations may well look back on this as the “slavery of our time”… a time when one “race” of people had no rights. Not even the right to life.

The way our society treats the elderly is also troubling. Nursing Homes in Tennessee are the fifth worse in the whole nation. Many chronically under staff and have trouble with getting good aides when they do hire one. No doubt there are some who just cannot be cared for at home. And, there are certainly good nursing homes out there, but I wind up having to sue those that mistreat the elderly, allow infected bedsores and repeated falls.

I often say that the World War II generation was our finest generation. Too many are just shelved at nursing homes while their children’s worlds are in turmoil due to serial divorces and constant activity. The economy seems to be set up for both parents to have to work outside the home, and thus entrust the state with the education of the children. This is a very recent concept. All this hurts another class of people: our children.

Were things really better “Back in the good old days?” In the 1950’s, a couple's work schedules in the 1950s, the husband probably had a 40-hour working week. The time commuting to work was much lower and other activities probably accounted for 55-60 hours of his waking time. The mother was often a stay-at-home mother, and usually took a job as a teacher, nurse or secretary to pay extra bills from time to time. There was more time and enough money to support this home-centered lifestyle.

Now, our kids are busy too. Many parents have their children involved in a whole range of outside activities such as competitive sports. Oddly, this is in an effort to give our kids the best in life. Some of the sports actually play on Sundays, preventing church attendance as a family. What little theology is taught today to kids is poked fun of at school, as atheistic evolution is taught as fact! Parents have missed the main thing to teach children, which is how to have a personal relationship with Christ, because it was not taught to them. Lost in one generation! Families are rarely sitting down at the table to eat dinner together in our society. And if many families did, they would be too busy texting friends to talk.

The way we treat our unborn children, our elderly and our young children tell much about our society. The world was not always like this. It does not have to continue to spiral downward. No one can change things in your family until someone decides they need to change. Decide to be a family that has dinner together, that attends a Bible-teaching church together, that honors traditional marriage, that takes a stand on issues based on principles (not convenience) and that makes a difference for the short time we are here.

Christians and Lawsuits-- Should A Christian Sue?

 

As a Christian, and a lawyer, I have been asked about this many times.  As with any question, we should consult the Scriptures first.

The Biblical text that is most often cited is Paul’s letter in 1 Corinthians 6:1-8:

If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church!  I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers!  The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers. (NIV)

Let’s look at the passage carefully. The kind of cases involved in the passage are described in the text:

A “dispute,” that is “trivial” in nature, “between believers,” involving being “cheated” and “wronged” and this dispute could well be judged by a “man of little account in the church.” 

The type of actual dispute is not revealed, but from the description above it is clear that it involves a matter that is between two believers, where one feels cheated or wronged and appears--to others at least--as “trivial” in nature. The Bible expressly states that legal action in that situation is shameful.

An example of that might include a Christian church member suing another member for slander for unknowingly sharing partially false information in a prayer request about her, and hurting her reputation.  Or, it could involve a dispute between two members of a church suing one another over the giving of a poor reference for a job. (Yes, both of these are unfortunately based on real cases).

There is little doubt that these bring the reproach of men upon the church, and are horrible examples. However, Paul himself resorted to law twice when he was wrongfully arrested as a Roman citizen.  He also used the threat of law in Acts 16:37. When one examines the Biblical admonition carefully, there is a clear distinction depending upon the type or nature of the dispute.

For instance, cases that I handle generally involve serious injuries or death. Any case involving grievous injury or death, by definition, is not at all “trivial.”  I hasten to add that 98% of cases settle without trial, so even the most serious cases rarely see a courtroom. Mediation, which is based on Matthew 18, is often used with great success.

Further, these types of serious disputes are rarely actually “between believers” in any real sense. For instance, if I represent you because you were paralyzed when a truck rear-ended your car, I have to name the negligent driver of the truck (who may be a Christian) in order to obtain the compensation due from his auto insurance.  Recall as well, that insurance is purchased to assist us all in paying for accidental acts that may harm someone, and to help protect our assets in that event. It is exceedingly rare for any case to cost an insured driver one penny personally. Many cases are against large corporations that, of course, do not have souls, and therefore cannot be believers.

I may represent a Christian, against a nursing home chain for neglect in allowing terrible bedsores. This is usually a large corporation that often put profits over people. These cases are clearly not what is banned in the Corinthians passage.

Finally, cases that I handle, against negligent drivers, doctors, hospitals and nursing homes are not at all the type of cases that can be resolved by “men of little account in the church.”

While there are many other types of law, the type that I deal with is mentioned frequently in Scripture. Much of our civil injury law (called “tort law”) is actually based on the Bible’s passages.

For instance, the law governing dog bites in Tennessee states that if my dog is not known to bite I have no liability for it doing so. However, if my dog has a vicious nature and is known to bite then I am liable in tort law for all damages. Compare, Exodus 21:28:

If a bull gores a man or a woman to death, the bull must be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull must be stoned and the owner also must be put to death. However, if payment is demanded of him, he may redeem his life by paying whatever is demanded.

Or, look at the law regarding a slip and fall on a premises owned by another. If I create a condition that I know is dangerous and leave it as a virtual trap for another, I am liable in civil damages. Compare Exodus 21: 33:

If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, the owner of the pit must pay for the loss;

Other interesting accidents in Scripture include the negligent attaching of an axe head to an axe handle such that it flies off and kills someone while chopping wood (Deut. 19:5); and the dropping of a stone on an unseen man (Num. 35:22).

Also, the negligent person has a responsibility as well.  Sometimes people talk of lawsuits being a way of making another person responsible for one’s own misfortune. But, if not for lawsuits generally, we may still have Ford Pintos with exploding gas tanks on the road, burning people alive after very minor car accidents. The medicines we take would not be so thoroughly tested.  Nursing homes would not be under any incentive to give better care.

As you can see, the Bible does not forbid lawsuits, but it gives us much direction. Here is a Biblical checklist that may be helpful in evaluating a potential claim:

1.              Is this matter “trivial?” (If so, overlook it.) (1 Cor 6:2 & Col 3:13).

2.              Is this matter solvable by involvement of others at church? (1 Cor 6:4 & Matt 18:15).

3.              Are my motives selfish or vengeful? (If so, stop). (Phil 2:3)     

4.              Have I tried to resolve my claim before suit or court? (Proverbs 25:8).

 

In the end, some will say, my cases are about money. I understand the criticism.

 

However, as I may tell a jury, “Don’t give her money---give her back time…give her back years of pain…give her back a life without this suffering…give her back her quality of life.  But if you cannot give these things, then compensation is all we can ask for. It gives her freedom and it gives her choices. That is all we have to offer her.”

 

David B. Peel