Plus, the 30 foot climbing rope was a total myth.

Congrats to all the Spartan finishers!

So, I find myself increasingly looking at life in terms of harms and insurance. It’s kind of crazy, but, when I happen to be riding in a car with a scary driver, my mind follows the same well-worn path: after throwing up a quick prayer, I mentally review our family’s auto insurance limits. What’s our UIM, again? Would it be enough get both our kids through college if I were to die?

Another example: when I heard that my church was buying a building that was on a septic system, my first question was, “what kind of septic access is there?” Followed closely by, “is there a kid-catcher, and where is the access located?” (The answers to these questions weren’t good, mind you, and after the congregation bought the building, a concerned attendee donated money specifically for the installation of kid-catchers).

What I’m getting at here is, this weekend, my husband will be participating in the Montana Spartan Race. I’m stoked for him. I’m jealous that my own bum neck is keeping me out of the fray. But, as he’s been training real hard and as I’ve been contemplating how I’m gonna get our double-jogging stroller close enough to the obstacles to memorialize the whole thing, my second nature is kicking in.

You see, as the race approaches, we’ve been hearing rumors about the obstacles. Supposedly, it’s fairly common for the Spartan people to electrocute racers. The end is always lined up with beefy-dudes equipped with jousters to beat the heck out of finishers. But, what really has me concerned is the rumor of a THIRTY FOOT climbing rope. Muddy and swaying in the breeze.

Falling off that could kill a person. And, not that I think my husband would fall off (he’s trained hard and he’s tough), I’ve seen less likely problems result in serious issues for clients, so … After asking myself whether we carry enough life insurance on my husband, I spent a goodly portion of Friday afternoon researching whether the “sign your life away” waiver (or “exculpatory clause” for those of you who’d like to know the technical term) he had to sign would actually be enforceable in Montana.

Much to my relief, it is not. Well, more than likely, not — contracts that try to excuse an entity from its own negligence are against public policy here in Montana.

Maybe I’ll be able to sleep the night before the race now.

I occasionally represent people or businesses in Justice Court – which is basically small claims court here in the Flathead.  It doesn’t happen often, on the civil side of things in Justice Court, because Justice Court limits the amount of money one may recover if one wins.  So, it usually doesn’t pencil to have a lawyer represent you there.   But, we were hired late last year to defend a business in a contract dispute, in Justice Court.

The opposing party filed a Motion for Summary Judgment, which basically means that, if they won the Motion, they won the case.  I opposed the motion and filed a “Cross-Motion for Summary Judgment,” which means (you got it) if we won the Motion, we won the case.  No need for trial, nothing, we just win.

And, we won!

I’m thrilled.  But not just for myself, I’m also thrilled for my client who had felt like she was living with a bit of a cloud over her head for the last six months.   I’m also thrilled that the whole process took less than a year.  In fact, from the date we first received the motion to the Order dismissing the case, it only took  about a month.

It’s true.  Sometimes justice is slow.  Sometimes justice is thwarted.  But, sometimes, justice can be quick and correct.  This was one of those times, and I’m so glad to have been a part of it.

I’m excited to see our Montana legislature do something proactive and important for Montana’s student athletes.  The bill addresses the importance of coaches, other adults who assist with sports and student athletes themselves being educated about concussions and having appropriate policies in place to identify when a person has suffered a concussion and what to do when it is suspected that a person is suffering from one.  You can read the bill in its entirety here.

As the saying goes, “an ounce of prevention is worth a pound of cure.”

Have you or anyone you known suffered from a concussion?  Would this Bill have made a difference in the situation and eventual outcome?

Granted, I agree that it’s a wonderful thing to be able to walk away from a car wreck.  Far better that than death, or the other devastating, traumatic things that can happen in a wreck.  But, “whiplash,” “soft-tissue injuries” or myofascial pain is not a trivial matter.  I know from personal experience.

When I was 19, the car I was driving got smashed into from behind while I was stopped, waiting to take a left turn.  Right after the wreck, I was shocked.  “What just happened?”  And then, I felt a rush of adrenaline, like I would right before a race: my breath came faster,  I was a little shaky and I was ready to run a marathon.  Did I hurt?  Not that I remember, in fact, I know I told the ambulance I didn’t need a ride.

Then, over the next few days, my neck became more and more sore.  So, I finally went in to see the doctor, who basically told me it was just “whiplash” and I could take anti-inflammatories and pain pills.

I’ve always been a “cowboy up” person.  I thought I’d just push through.  At 19, I’d been able to push through everything I’d faced up to that point, so I believed that I’d just heal, no problem.  But, the ache lingered and the soreness continued, despite attending physical therapy appointments for several years and religiously doing my physical therapy exercises.

I’ve always been a “cowboy up” person.  I thought I’d just push through….It took me almost three years to realize that my neck was never going to be the same again.

After a few years, the x-rays and MRIs revealed only a bone spur, but my problems continued … It took me almost three years to realize that my neck was never going to be the same again.  It took me even longer – probably even five years – to finally realize that my neck was going to dictate a lot of things I couldn’t do.  And dictate a lot of things that I just had to do.

Although I identified myself as a swimmer – having been a competitive swimmer throughout my youth and teen years – I finally concluded that I just can’t swim.  I gave up my lifelong dream of becoming a triathlete.  I can no longer risk jarring my neck in activities like downhill skiing, cliff-jumping or sledding.  I had to change the way I did lots of other things, like reading books (cookbook stand), shoveling (lots and lots of breaks), gardening (lots and lots of breaks), computer work (lots and lots of breaks) and on and on.

And those things I just have to do?  Physical therapy exercises and stretches, every day.

I readily admit that I am grateful I wasn’t killed in my auto accident; I’m grateful I didn’t lose a limb and am not disfigured.  But, I have never been the same since that summer afternoon, even though I just sustained “whiplash.”