Jesus Hernandez: A Lesson In Not Giving Up
By Hal Lewis, Firm Partner
Not long after accepting a case, I sit down with a client and explain how very important it is to do everything possible they can to recover from their injuries. Often I wonder if I'm getting through when I explain how keeping doctor's appointments, following through on physical therapy and, when possible, returning to work, will help me obtain a fair and just settlement or verdict on their behalf. From now on, I think I will just tell them the story of Jesus Hernandez.It was about 2:30 in the morning when Jesus (pronounced hay-zoos), a standout FSU offensive lineman with NFL draft prospects, stopped to help two women change a flat tire on a downtown Tallahassee street. A drunken student driver crashed a pick-up truck into him moments after he got out of his car.
The truck hit him from behind throwing him 20 yards down the street. We first worried whether he could ever walk again. The doctor told him that if he hadn't weighed 300 pounds, he would be dead. Jesus' injuries were serious. His wrist was broken, his pelvis was separated, and the bumps and bruises would no doubt leave some minor scarring on his face.
There's no good time to have an accident, but the timing for Jesus could not have been worse. By all accounts, he was well positioned to be picked in the 6th round of the NFL draft. Then the accident happened. When the pro football draft came, he was considered a medical risk and received no offers.
We asked the drunk driver's insurance company to reimburse Jesus for the money he would have made as an NFL player. As predicted, the insurance company continuously denied payment for our lost wages claim. They argued that there was no proof that Jesus would have ever made the NFL. But they didn't know Jesus. He not only felt he was good enough before the accident, he believed he'd make it to the NFL despite his brush with death.
I advised Jesus that the best way we could
recover the lost wages he was due because of the accident, was for him
to work his way back to good health and sign with an NFL team.
Jesus was ready for the challenge. It wasn't his first encounter with adversity. As a child, he was among the thousands who fled communist Cuba on a boat lift from Mariel, Cuba in 1980. His mother opened her own Cuban restaurant and worked hard to make a life for herself and her son in America. He endured the taunts of Miami classmates as he struggled to learn English. After high school he played a season at a Pennsylvania prep school before being accepted as a walk-on by Bobby Bowden's Seminoles. His hard work that year earned him a scholarship in 1992, a key role in the 1993 championship team, and a starting player position until he graduated from Florida State.
For nearly a year following the accident, he worked daily to fully recover from his injuries. He kept his medical appointments, and worked under the supervision of FSU strength coach Dave Van Halanger and with physical therapists to get into shape.
The payoff came when the Kansas City Chiefs hired Jesus. Under Florida law, you cannot recover for pain and suffering when there is no permanent injury. In Jesus' case the Chief's decision to hire him gave me the proof that I needed to negotiate a $220,000 lost wages settlement on Jesus' behalf.
I was privileged to represent Jesus Hernandez. He lives the old adage: "When life gives you lemons, make lemonade." I just hope he remembers me with tickets when Kansas City makes it to the Super Bowl!