The plastic chair in the deposition room is sticking to the back of my legs, a dull, rhythmic hum from the HVAC system vibrating through the soles of my shoes. Across the mahogany-veneer table, a man in a charcoal suit-the kind that costs more than my first car-taps a gold-plated pen against a legal pad. He doesn’t look at my face. He looks at my chart. He clears his throat, the sound sharp and sterile, and asks the question that makes me want to scream or walk out into the 94-degree heat of the afternoon.
Insight 1: The Inadequate Scale
‘A 4,’ I say, because I’ve learned that if you say 10, they think you’re a liar, and if you say 2, they think you’re fine. But the truth is that the number 4 doesn’t mean anything. It’s a placeholder. It’s a lie we tell the system so the system can put us in a spreadsheet.
This is the fundamental glitch in the matrix of personal injury law. We are trying to use the language of accounting to describe the language of the soul. The legal system is a machine built on the tangible: medical bills ending in $24, lost wages calculated to the penny, the cost of a prosthetic limb or a 14-session physical therapy block. But how do you invoice for the loss of a personality? How do you send a bill for the way a once-vibrant grandfather now sits in a darkened room because the light triggers a migraine that feels like a tectonic shift in his skull?
The Algorithm of Trauma
I spent the better part of yesterday reading a 114-page terms and conditions document for a software update. I actually read the whole thing. People think I’m crazy for that, but it taught me something about how we handle trauma. Those documents are designed to minimize risk by defining every possible variable until the human element is squeezed out entirely. Our legal process does the same. It wants to take your catastrophic car accident and turn it into a series of codes. ICD-10 codes, billing codes, settlement brackets. If you can’t put a number on it, the insurance company wants to pretend it doesn’t exist.
The real loss was the 14 remaining years of her autonomy that had been stolen by a distracted driver.
– Mason T.J., Elder Care Advocate
We often prioritize the physical bruise over the psychological fracture. If I show you an X-ray of a broken femur, you feel a phantom twinge in your own leg. It’s objective. It’s there in black and white and shades of gray. But if I tell you that I wake up at 4:04 every morning in a cold sweat because I can still hear the sound of crunching metal, you have to take my word for it. And in a courtroom, ‘taking someone’s word for it’ is a dangerous currency. Juries are told to be objective, but objectivity is a myth when it comes to human suffering.
The Performance of Misery
There is a specific kind of exhaustion that comes with being a victim. It’s the exhaustion of having to prove you are hurting. You become a performer of your own misery. You have to remember to limp. You have to remember to mention the PTSD during the 24th minute of your medical evaluation. If you have a good day-if you manage to smile or go to a grocery store-the defense will use it against you. ‘Look,’ they say, ‘Subject 44-B was seen smiling on Tuesday. Clearly, the trauma is resolved.’ It’s a trap that forces people to stay in their darkest moments just to be believed.
The Database vs. The Individual
Similar Cases in Database
Unique Configuration of Fears
The insurance adjusters, sitting in their cubicles with their 14-inch monitors, aren’t necessarily evil people. They are just people who have been trained to ignore the ‘noise’ of human emotion. To them, your life is a risk profile. They look at your age (let’s say 34), your zip code, and your occupation, and they decide what your suffering is worth based on a database of 44,000 similar cases. But no case is similar. No one else has your specific configuration of memories, fears, and responsibilities.
The Uncountable Identity
I remember a case involving a young man, only 24, who lost his thumb in a workplace accident. The statutory payout for a thumb in that jurisdiction was a fixed number. It didn’t matter that he was a concert-level cellist. To the state, a thumb was a thumb. It was a digit with a pre-set value of $14,004. The system couldn’t comprehend that for this specific person, that thumb was the gateway to his entire identity and future. It’s this blindness to the individual that makes the process feel so soul-crushing.
Finding a legal partner who views a case not as a file number, but as a human narrative, is the only way to bridge this gap. This is why a nassau county injury lawyer focuses so heavily on the human element, because the paperwork alone will always fall short. They understand that the ‘number’ is just the end result of a much deeper, much more complex story that needs to be told with gravity and precision.
Sometimes I wonder if we should just do away with the 1-to-10 scale. What if we asked, ‘What is the one thing you can no longer do that you loved?’ Or ‘What does the silence sound like now?’ Of course, you can’t put ‘silence’ into a settlement calculator. You can’t multiply ‘regret’ by a factor of 4 and come up with a fair verdict. So we stick to the bills. We stick to the $204 specialist co-pays and the $1,004 diagnostic scans.
Dead Roses
Mason T.J. made the jury feel the loss of that beauty. They saw the 44 dead roses as 44 pieces of her life that were gone. We need to stop being afraid of the ’emotional’ side of law because emotion is expensive.
The Cost of Rationality
They call pain and suffering ‘non-economic damages,’ as if they are secondary or less real than a car repair bill. But ask anyone who has lived through a traumatic event: the economic damages are the easy part. It’s the non-economic ones that keep you up at 4:44 AM.
The Valuation Mistake
I realized then that I had valued his injury, but I hadn’t valued his future. I had looked at the 4 and ignored the infinite.
Now, when I see those 24-page medical reports, I look for what’s not there. I look for the mentioned hobbies that are no longer listed. I look for the ‘patient reports feeling frustrated’ note buried on page 14. That frustration is the key. That’s where the real injury lives. It’s in the gap between who they were and who they are forced to be now.
4-Dimensional Experience
Refuse Reduction
The Invoiced Soul
If you’re sitting in one of those plastic chairs right now, waiting for someone to ask you what your pain is on a scale of 1 to 10, remember that you don’t owe them a simple answer. Your pain is not a digit. It is a transformation. We must demand a system that counts what cannot be counted.