What Price Would You Put on a Nine-year-old’s Life?
Posted: Tuesday, March 25, 2008
by Sandra E. Graham
My Books and Articles
Jury Duty-something that some voters try every trick in the book from which to get themselves eliminated. Living in a small community, I can expect (and so far I have never been let down) to receive the dreaded' selection card from my local court house every two years-regular as clockwork. Never one to shirk my civil duties, I always fill the card out and mail it back in a timely manner.
I have served on cases from civil suits involving pedestrians and cabs to criminal suits involving child abuse and assault with a deadly weapon. The last and most memorable case was a civil suit involving a child being struck and killed by an elderly motorist. This was the case that made me lose what faith I had left in our criminal justice system after the well-publicized OJ Simpson trial.
The issue came down to the financial settlement from the driver's automobile insurance and how much should be paid to the parent's of the little girl that was killed. The insurance company's attorney argued that the monetary value should be based on the fact that the girl was too young to be working and therefore there was no loss of income. She was not supporting anyone. There was no way to be certain that she would have lived a long and fruitful life had she not been struck down by the car-she may never have earned an income. And if she had, who was to say how much that income would be? Who was to say that she would not have chosen to be a stay at home mother? And who was to say that she would ever have been a mother anyway; she may have chosen to never marry or never have children? Vehemently we were told to base our decisions strictly on the facts and not the fantasies no matter that they sounded cruel and heartless to a layman's ear. It was the law not feelings that had to take priority here! Yes, he admitted his client was a bit old to be driving, but he did have a valid driver's license and it was an accident. The lawyer was very good-as lawyers go.
But, and here is where I couldn't get past the fact that this was someone's little girl, someone's baby. Here is where the law and I had a parting of the ways. What price can you put on the life of a child? How can anyone say, "This child has never earned a penny in her life, how can we say she is worth a million or two million or five thousand?" How can a little one be looked at as a debit and not an asset? She was a baby, for God's Sake! How can we put a price on that?
The family's attorney did a good job, as well. Pointing out these things to the jury; the premature loss of a loved one; what insurance companies are paid for; and arguments too numerous to remember.
Only two other jurors agreed with my point of view-the remainder feeling that adhering to the strict rules and regulations of the law of the land was their duty--so the family was awarded the bare minimum. They received enough to bury their little girl (having no insurance of their own) and probably would have a little left over as if that would make things right.
I wonder now, when I get that next card in the mail; will I, too, call in sick or have prejudices against the defendant, etc., etc. I lay awake many nights after that trial trying to find an answer to rights or wrongs there. I still see the little girl's picture-her last school picture-smiling broadly with two front teeth missing. Over and over the refrain runs through my head; What price can you put on that?
Sandra E. Graham, author, Amos Jakey and Nicolina thru American Book Publishing. Visit my website: http://www.sandragraham-articles-books.com
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Top-level comments on this article: (5 total)My sister hired an attorney to draw up paper work for an adoption two years ago. The attorney made so many errors that the petition fo adoption was thrown out and a massive custody battle insued costing my sister, to date, over $15,000. This little girl has lived with my sister and her husband since she was five weeks old and has learning disabilities dueto the mothers use of drugs while pregnant. This "mother" also had another child taken from her by social services. Due to errors made by the attorney, my sister stands the chance of evetually losing this child, not to mention a ton of money that could have been spent on her care. They are trying to find a lawyer who will sue the original attorney for malpractice but of course these animals will only turn on the innocent and never themselves. I HATE and despise lawyers and I truely cannot say that about anyone or anything else. They are awful cold hearted people who, if there is any justice at all, will spend eternity burning in Hell. Very well written article by the way!Thank you, Myla. You have expressed my sentiments exactly about lawyers. If there are any out there that are interested in anything beyond the money, I have yet to meet one. I didn't want to come down to hard on lawyers in general, though, because I was afraid there might be someone (1) out there that actually likes them. SEG
hi sandra, if i was on trial, i'd want you on my jury. maybe people on trial are requesting you :) during this past year of about 10 court trips, 3 mediations, and not being able to get my son his car from his father so he could take his driver's test, i am completely flabbergasted at the incompetence i have witnessed.and the rudeness.and the power of a judge to take my home away, for what reason? i didn't do anything. thanks for a well written article. susan thom esq. :) just kidding. although, i did want to be a lawyer growing up.I have never had a good experience with a lawyer. I, too, have gone to court and experienced their incompetence first hand. It is such a shame that people like that are allowed to charge so much money for their services and the sad thing is, that we are forced to hire them! SEG
Hi Sandra, I have yet to receive one of those little cards. O how I wish I would. My second love beside ministry is criminal justice. I agree that many lawyers are snakes, but I happen to know a few that are not. I am proud they are in the system and just wish there were more of them. But you know, we can't blame it all on the lawyers, those people could have had a heart like yours and ruled for more anyway. I pray more people had a heart like yours. Thank you for sharing and reminding me of things outside of my little world that I need to be praying for. God Bless you! TeresaThanks Teresa. I'm glad you didn't let me hurt your feelings by what I said about most attorneys. Like I did say, however, there is that (1) out there that may truly fight for a person's rights and not just for the hype of winning. Maybe that one will be you. My oldest daughter is a paralegal and my youngest daughter works for the Greene County Sheriff's department, so I had quite an investment in criminal justice. Also, as I said before, that as a young girl I had always wanted to be a lawyer. In my mid-twenties I was a Union Representative and enjoyed fighting for the rights of my co-workers. God Bless you and may you become one of the good ones--keep the faith and that should do it! SEG
Sandra, unfortunately, this does not surprise me. When my mom passed away in '98 I, in the beginning of my mourning, was angry because none of her doctors treated her properly. After speaking with seven Manhattan lawyers, I was frazzled because even though they did agree that my mother's death was a "wrongful" death, it was also brought to my attention that neither a "homemaker" or a child is worth bringing to court because neither are considered breadwinners. On the otherhand, when my dad was 80, his driving became so eratic that I begged his insurance company to demand he take a driving test since I, as his daughter, would be confronted with an argument from my dad. It didn't seem to matter to the insurance company, regardless of all of his accidents - the bottom line was that as long as he could afford the premiums, he could still drive... I don't get it at all... not at all. Good article, Sandra!Thanks for the comment, Judi. Our wonderful country is full of doctors, lawyers, and polititians who are more out for 'number one' than the whole. I'm sorry to hear of all your problems. The Bible has a phrase for it, "....everyone has a cross to bear..." It just seems that some people's crosses are worse than others. I will put you and your family in my prayers. SEG
Sandra, As a therapist working with children, I have had the unfortunate need to give deposition regarding abuse and other child rights violations. I have been shot down by attorneys, judges,and state law over the well-being of kids. There is nothing fair about protecting the rights of children. Rarely have I been able to advocate effectively within the courts for kids. Each time I have been dismissed, I have later been vindicated for my position. I have an upcoming case where I must testify regarding a seven year old who was sexually molested by her father. I am not hopeful that this girl will get vindication through my day in court pleading on her behalf. Thanks for a powerful, sensitive article. And thanks for sticking up for that little girl!Thanks for your comment, James. When we allow the 'physical' signs of God's presence to be removed from our schools, courts, and other public places, this is what we should expect--a growing number of individuals who could care less about the feelings of others; especially if they think of children as being inconsequiencial. May God be with you in your day in court. SEG
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