Just lost a “MIST” case. For those who do not know a “MIST” case is what we call an automobile collision case with little or no visible damage to the colliding cars and injuries to plaintiff that cannot be seen. Examples include injuries to soft tissue- thus, Minimum Impact Soft Tissue=”MIST.”
In the case I tried techniques learned at Gerry Spence’s Trial Lawyer’s College (TLC). The techniques are simple. First know yourself and how you feel about the case. Second, tell the truth to the jury about the case especially concerns you have. Third, relate to the jury in a non lawyer natural common sense way. Fourth, show and tell the story. At all times include the jury.
Losing is hard. Losing causes doubt. Doubt about taking a case to trial. Doubt about being a trial lawyer. Doubt about what could have been done differently. But on reflection I believe losing is an inevitable result when we try tough cases. There are “MIST” cases I have been successful prosecuting, and a legitimately injured plaintiff received fair compensation. On reflection I see that it is important to try tough cases. On reflection I have no doubt about the TLC Method.
Trying tough cases gives a legitimately injured plaintiff a shot at justice when the insurance company says pound sand and take little or nothing for your injuries. The only way to succeed in a tough case with little or no offer is to try the case. By taking on the insurance company in a “MIST” case we stand up for an injured person who deserves fair compensation. This is our charge as a trial lawyer.
Losing is an essential part of the success equation. All successful people have been losers. For me I learn far more from my losses than from my successes. A Loss causes reflection. Reflection leads to retooling techniques. Retooling techniques makes me better. Plus, insurance companies know the only lawyer who can win a case is the lawyer who will try the case. Insurance companies know we will lose sometimes and so will they. When an insurance company deals with a lawyer who will try the case it treats the case more seriously which translates to paying fair value more often in cases where the injured plaintiff is represented by a known trial lawyer.
So I move on to the next trial. I have learned from my loss. I look forward to trying my next case using the TLC Method- total honesty in a pure and simple way like a regular guy rather than a trial lawyer with a trial lawyer mask.