Plaintiff Cannot Overcome Adversity

 

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 tragedy at the highest level the plot controls the hero. The tragic plot must concern a universal truth that is greater then the hero. The audience knowing the universe in sequences of cause and effect sees in tragedy the hero must and will succumb to the adversity. The hero either does not recognize the adversity is greater then her or refuses to recognize it is greater. Either way the audience knows the adversity is too great to overcome. As we have discussed, this results in feeling pity for the hero and fear the adversity could occur to them.

To have a personal injury tragedy-a case worthy of trial- the plaintiff must have permanent injury. Permanent injury is the adversity the plaintiff cannot overcome. Although the plaintiff may not admit to inability to overcome, the jury knows in a personal injury tragedy she will never overcome the injury.

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, who does everything in her power to overcome, but no matter how hard she tries she is a victim of fate beyond her control, the jury  sees the tragedy and will likely respond with fair compensation.

    30 Responses to “Plaintiff Cannot Overcome Adversity”

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