There is no finer means available in the civilized world for the resolution of disputes and the redress of injustice than the American Civil Justice system and the right to a jury trial. All citizens should understand and preserve this vital bulwark of our democracy. Acting as an advocate in civil litigation is a high calling and a privilege which brings deep professional satisfaction.
That being said, people sometimes ask, “What is a civil plaintiff’s lawyer?” “What do you do?” “What is your practice all about?”
Living in southeastern Georgia, one undoubtedly has seen advertisements from numerous of our brethren from the Jacksonville, Florida area. These “billboard barristers” and masters of the TV infomercial spend thousands of dollars a month in advertising to proclaim that a plaintiff’s lawyer is there to maximize one’s recovery for injuries and to protect from unscrupulous insurance companies. Although being a plaintiff’s lawyer often involves pursuing claims for individuals who have been injured by the negligence of another, that is only a small percentage of what the plaintiff’s lawyer does.
So, what does a plaintiff’s lawyer do? According to Black’s Law Dictionary, a “plaintiff” is a person who brings an action; a party who complains or sues in a civil action and seeks remedial relief for an injury to rights. Taking a strict application of this definition, the plaintiff’s lawyer is one who represents a plaintiff in seeking remedial relief for an injury to his rights.
In our practice, seeking relief for an injury to rights comes in many forms and from many places. For example, we may pursue the claim of a homeowner whose house was improperly or defectively constructed and must be repaired, or the cause of a property owner who is trying to protect ownership of her property in the face of competing claims by surrounding property owners. We may advocate for the heir to an estate or trust who believes he has been improperly cut out of his legacy. We may advocate the claim of an employee who is being harassed or discriminated against in the workplace, a business which has been mistreated by vendors, suppliers, or competitors, or an individual who has been injured, whether through a car, truck, or railroad accident, professional malpractice, or defective product. We also may advocate for an individual or group that has been injured by a local governmental entity.
For each individual who has been wronged, it is the job of the Plaintiff’s lawyer to seek a remedy that affords relief. As such, the remedy or relief sought also will vary. The remedy may involve seeking monetary damages and reimbursement for medical or funeral bills. The relief may include seeking injunctions or temporary restraining orders. The relief may include asking the court to nullify a contract or terminate a trust. Moreover, in certain circumstances, the remedy may include asking a court to impose new and enforceable regulations and procedures converting an intolerable workplace into one where people can work with dignity and security, afforded with the full protection of the law. It is up to the plaintiff’s attorney to seek justice and fairness for those who have been harmed.
In his practice, a plaintiff’s attorney will have the privilege of assisting many different individuals and entities in remedying their injuries. For example, we have represented a family that lost a husband/ father in a fiery rear-end accident when the fuel tank, mounted behind the rear axle with bolts pointed like arrows, ruptured and exploded. We were able to prove that the carmaker had failed to disclose that it had conducted a study called a “trend cost estimate” and had ignored its finding that the cost of a minor design modification, a few dollars, would have resulted in the saving of a number of lives. This enabled us to reach a settlement to compensate the plaintiff fairly.
We also were involved in a case which marshaled the force of civil justice to impose a “civil death penalty” on a wealthy north Georgia chiropractor who had, with the aid of his lawyer and other henchmen, murdered his young wife during the pendency of a divorce action. The jury verdict awarded her estate the majority of the assets and property the husband had killed her to preserve.
When innocent people are killed or horribly injured, their and their survivors’ lives are changed forever. The civil justice system affords damage remedies that can fairly compensate the victims, often making, as in the case of a quadriplegic, an almost unbearable life, livable with dignity.
One of the deepest professional satisfactions of civil trial practice comes from the resolution of a case that renders justice and restores a balance to life, not only for the plaintiff, but often for similarly situated individuals and for society as a whole. Consider a company that has manufactured a defective product, or a trucking company that works its drivers longer than the legal limits, or a company that does not complete a background check on its delivery people. By pursuing a claim on behalf of an injured plaintiff, the attorney also is seeking to improve society as a whole, making product safety, employer screening and training, and fair dealing economic imperatives.
The citizens of our community are fortunate to have available to them many highly skilled, dedicated, and experienced trial lawyers who labor for the cause of civil justice.