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 sees the hero will succumb to the adversity. At the highest level the hero continues on accepting and challenging his new situation.Although the audience relates to the positive hero in his new situation, nonetheless, it pities the hero and fears the adversity could happen to them.
To have a personal injury tragedy case worthy of trial- the plaintiff must have permanent injury. The key is how the 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.
The jury knows they have the ability and the duty to do the only thing they can to remedy the adversity- provide 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 then 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 fair compensation.
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