insurance, a claim I very likely would have lost due to not updating the policy to include my motorcycle policy as a “drop down.” And had I sued my insurer, that fight might still be going on in Federal Court. Frankly, I have other things to do. Lesson Eight — Stick to your guns then move on. Valuing my own injury claim was another challenge and others did not always agree with me. I always believed (and still believe) my claim was worth more than the amount of available insurance, which is what I eventually received. Many in my close circle thought I was overvaluing my own claim. I did not think so and proceeded to demand full policy limits. Honestly, I still think my claim should have been worth more, but I accepted the policy limits so I could move on and focus on my physical recovery, which took nearly two years to regain the strength I had before the accident. I still think that was the right thing to do and I apply that lesson with clients in my own practice. Often, holding out for the last available dollar is not worth the risk, expense and stress that come with protracted litigation. Often the certainty and closure of a settlement, even if less than desired, is the healthiest choice for a client. We litigators must keep that in mind as we counsel our clients holistically about their claims. Lesson Nine — Time heals. This experience taught me how difficult it is to live through pain, frustration and worry. And it taught me true recovery takes a lot of time and a lot of effort. But it also taught me the body has an amazing ability to heal if you let it. Today, I am nearly back to my pre-accident status. I can walk, run, hike, play indoor soccer and do most of the things I did before. I’ve actually gained flexibility because I got so fixated on mobility work during and after my recovery. In fact, I have to watch myself to keep from proselytizing to my clients about stretching, yoga, strength work and other aspects of their own recoveries. (I know it’s really not my place, but I sometimes can’t help myself). Time does heal and overall, I’m encouraged; the bumps and bruises went away, the concussion symptoms faded and my hips no longer bother me. I’m back to all my activities except downhill skiing which is the one true casualty of this accident. That’s because my ankle, with its screws and metal plate, will not allow the high pressure of a ski boot. It still hurts, just a bit, all the time. I can’t yet predict the weather with it, but it’s a constant reminder of that day. Lesson Ten — Be grateful. A big accident is a big deal and the suffering serious injuries cause is real. As lawyers, we should never forget that as we advocate for our clients. Yet, despite what I went through, I’m grateful it wasn’t worse. I’m glad to be alive and able to be physically active. I’m grateful to have become more empathetic toward my clients, even as I’m sometimes a tougher critic, urging them to work harder on their recoveries. While I wouldn’t want to go through an ordeal like this again, the experience has made me a better lawyer, arbitrator and mediator. And it hasn’t stopped me from riding motorcycles — I went on a three-week tour of the Western U.S. in early September, returning unscathed and without a run-in with a Prius. 33 Trial Lawyer | Fall 2024
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