Every trial lawyer knows that jury trials are a fundamental component of securing results for clients in medical malpractice and injury cases. The effect of the global pandemic on the administration of justice in the United States has magnified the crucial nature of the courts and trials by juries in securing timely justice for persons injured in the healthcare system and otherwise.
A few, very few healthcare institutions and their insurance carriers have continued to address pending matters fairly and promptly. The majority have exploited the situation and adopted the predictable, insensitive, and stereotypical behavior of insurance companies and corporate America. They believe they hold all the cards and seem to say: “Since we can’t meet in the courtroom soon, settle your case for less than it’s worth or wait years for a trial.”
This conduct has been widespread among insurers for healthcare institutions, trucking companies, and many corporate wrongdoers. The unavailability of the courtroom and judges and juries to whom cases ca n be presented has reminded every trial lawyer of the importance of securing prompt justice for the injured, the dead and their survivors. This can only be accomplished with a functioning and timely judicial and jury system.
While law firms have suffered as a result of court closures and the inability to try cases as they should, clients – awaiting dispositions of their cases – are suffering far more. Deferral of income is manageable for businesses, but not so for those out of work, without parents or with breadwinners awaiting their day in court.
The pandemic has been dark for all of us and far darker for the many whose lives or livelihoods may have been upended. One of the few lights shining in this darkness is a renewed faith and belief in our system of courts. In particular, advocates on both sides have a greater appreciation for the essential role jurors and jury trials play in the process.
This unprecedented situation has only strengthened the resolve of the lawyers and staff of Pribanic & Pribanic. I am proud that we have continued to deliver exceptional client service – often through mediation and settlements – in an effort to provide closure to injured victims and their families.
It has been said that our system is not perfect, but it is also the best on the planet.
