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Definition of tragedy includes:

A serious drama describing a conflict between a (hero) and a superior force and having a sorrowful conclusion that elicits pity or terror. (Webster)

This definition stems from Aristotle and Poetics. Aristotle teaches in  high level tragedy the plot controls the hero. The tragic plot must concern a universal truth greater than the hero. The audience knowing the universe in sequences of cause and effect knows the hero will succumb to the adversity. At the highest level the hero continues while accepting and challenging their new situation. Although the audience relates to a positive hero in their new situation, nonetheless,  it pities the hero and fears the adversity may happen to them.

To have a personal injury tragedy case worthy of trial- the plaintiff must have permanent injury. The key is how the plaintiff hero reacts to the permanent injury. There must be a valiant effort to overcome, then an acceptance of the new situation, followed by positive change. When this is seen by the jury the trajectory formula is complete.

Jurors know they have the ability and the duty to remedy the adversity by providing fair compensation. When the jury sees an honest true to life person, who has been dealt adversity, does everything in her power to overcome and adapts to the new situation moving forward despite being a victim of fate beyond her control, the jury  sees the tragedy and will respond with a verdict.

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Having learned from Simon Rifkind all trials are plays, I sought a theatrical formula appealing to audiences over time that mirrors a personal injury case. I soon found tragedy. Research reveals Aristotle in Poetics sets forth what has become the classic principles of tragedy.

Plato and Aristotle debated if the study of tragedy is worth a philosopher’s time. Plato maintained all theatre including tragedy is  entertainment that does not rise to the level of philosophical discussion.  Aristotle disagreed.

Aristotle argued tragedy at the highest level involves the audience. The audience sees the tragic plot in cause and effect sequences that mirror universal truth. In high level tragedy two things happen to members of the audience. First, they pity the tragic hero. Second, they fear the tragic result can happen to them. Aristotle maintains when this occurs the audience experiences a cathartic event- a purification or spiritual renewal.

Applied to a personal injury case, when tried at the highest level, the jury identifies with plaintiff and pities the tragic result dealt plaintiff. The jury also fears the result could happen to them. The catharsis occurs in the verdict as it rights the wrong felt by the jury.

It is important recognize tragedy must be real. As taught by Aristotle tragedy represents reality. Tragedy happens in life. People recognize tragedy and if possible want to remedy tragedy. This is why it makes sense for a personal injury lawyer to study the dynamics of  tragedy. When these dynamics are present in a case it is worthy of the production of a trial.

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I live, yet not I, but God liveth in me. Only when I become as nothing can God enter in and no difference between God and me remains.

“This overcoming of all the usual barriers between the individual and God is the great mystic achievement.” In mystic states the person becomes one with God.

This is the “everlasting and triumphant mystical tradition,” unaltered by race or creed. “In Hinduism, in Neoplatonism, in Sufism, in Christian mysticism, in Whitmanism, we find the same recurring note, so that there is about mystical utterances an eternal unanimity which ought to make a critic stop and think, and which brings it about that the mystical classics have, as has been said, neither birthday nor native land. Perpetually telling of the unity of man with God their speech antedates languages, and they do not grow old.” William James, The Varieties of Religious Experience (1902)(Mysticism).

An example of a mystical experience is cited by James:

In my consciousness of God which comes to me sometimes a presence not a personality but something in myself makes me feel a part of something bigger. In these times I feel myself one with the grass, the trees, birds, insects, everything in Nature. I exalt “in the mere fact of existence, of being part of it all-the drizzling rain, the shadows of the clouds, the tree trunks, and so on.”  As the years go by such moments continue to come, but I want them continually. This is because I know “so well the satisfaction of losing self in a perception of supreme power and love,” that I want this perception to be constant. (James citing Starbuck’s Collection).

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In Washington I am a member of a plaintiff association of trial lawyers initially called Washington State Trial Lawyers Association. Several years ago our organization changed its name to Washington State Association for Justice. This is because most of the people we represent do not end up in trial. What we do is:

Help Injured People. We represent injured people. I only take a case if I can get my client more of a recovery after my fees are paid than they would receive without my involvement. I take cases on a contingency fee meaning my client pays me nothing to represent them unless I recover in the case. In the end I help an injured person because without my involvement as a trial lawyer the insurance company will not pay fair value.

We Stand for Justice. In our society when a person is injured through the negligence of another justice is obtained by way of a monetary recovery. As a trial lawyer I have the ability to get a fair recovery by way of a trial and standing for justice.

We Make Society Safer. In our society it often takes a financial message to get wrongdoers to correct their negligent conduct. As a trial lawyer I have the ability to demonstrate the wrong and the damages that flow from the wrong. This in turn leads the jury (the voice of the community) to inform the community we do not accept negligent conduct.

We Lobby for the Common Person. Insurance companies are wealthy powerful corporations with agendas to turn maximum profit for their shareholders. They pay millions of dollars every year in lobbying to place barriers on damages.  The common person who sustains injuries has no lobby to take on legislation proposed by insurance lobbies. National and state trial lawyer associations are the lobbies for the common person. Through my membership in these trial lawyer associations I support efforts to defeat agenda legislation sought by the insurance companies.

Obtain Justice. I only represent people who are injured through the negligence of another.  I stick to the truth. Telling the truth translates to success in negotiations and in trial as we all have a feel for the truth. Juries want the honest injured person to receive a fair recovery. They want to see society safer through their verdict. When the insurance company recognizes this without or with a trial and the case is complete, I have the satisfaction of getting  justice for my client and  benefiting the community.

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