By David Peel
As a Christian injury lawyer, I have been asked about this many times. As with any question, we should consult the Scriptures first.
The Biblical text that is most often cited is Paul’s letter in 1 Corinthians 6:1-8:
“If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church! I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another-and this in front of unbelievers! The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers”. (NIV)
Let’s look at the passage carefully. The actual kind of cases addressed in the passage are described in the text if you look closely:
A “dispute,”
that is “trivial” in nature
“between believers,”
involving being “cheated”
and “wronged”
and this dispute could well be judged by a “man of little account in the church.”
Trivial disputes Between Members:
The type of actual dispute is not revealed, but from the description above it is clear that it involves a matter that is between two believers, where one feels cheated or wronged and appears–to others at least–as “trivial” in nature. The Bible expressly states that legal action—resorting to a public lawsuit in a secular court—in that situation, is shameful.
Imagine, for example, Christian church members suing in a church split to be able to be the half that gets to continue to use the church’s name going forward. Or a member suing another member for slander for (unknowingly) sharing partially false information in a prayer request about her, and hurting her reputation.
Or, it could involve a dispute between two members of a church suing one another over the giving of a poor reference for a job.
Yes, all of these are unfortunately based on real cases I have seen.
There is little doubt that these bring the reproach of men upon the church, and are horrible examples of what 1 Corinthians 6 expressly forbids.
Are Injuries and Deaths “Trivial?”
The cases that I handle generally involve serious injuries or death. Any case involving grievous injury or death, by definition, is not at all “trivial.”
Therefore, when you hear someone proclaim confidently that “the Bible forbids all lawsuits“ it is an indication of a lack of study. Remember,
“All Scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness, that the man of God may be complete, thoroughly equipped for every good work.” 2 Timothy 3:16-17.
Personal Injuries in the Bible
Exodus 21:18-19 provides that if two men are in a fight and one seriously injures the other (becoming incapacitated) the man causing that injury “shall pay for the loss of [the victim’s] time, and shall have him thoroughly healed.”
As now, lost earnings while the injured man was unable to work and medical expenses were measures of damages.
Paul Used the Legal System
Paul wrote about 40% of our New Testament. However, Paul himself resorted to law twice when he was wrongfully arrested as a Roman citizen. He also used the threat of law in Acts 16:37. When one examines the Biblical admonition carefully, there is a clear distinction depending upon the type or nature of the dispute and the goals thereof.
What is the Goal?
Since compensation is the goal, and personal responsibility is the manner— this approach is consistent with the Scripture. I hasten to add that 98% of cases settle without trial, so even the most serious cases rarely see a courtroom.
Suits Often Lead to Mediated Settlements:
Mediation, which is actually based on Matthew 18, is often used with great success. It has become a mandatory pre-trial step in many courtrooms.
Suits Between Believers:
Further, these types of serious cases are rarely actually “between believers” in any real sense.
Peel seeks justice for those injured in tractor trailer and car accidents, medical malpractice, and disability. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
