Law suits due to greed or for loss.

[Old Rabbit]

Now I am sure almost all of us would be glad to win millions in
a law suit. This isn't an a debate about that, but one of fairness
to the public at large.

Say someone is injured in a way it changes how they live? So a
lawyer tells them that the responsible party is a large corporatioin
and they could expect millions of tax free money if they win.

Now should this person deserve all that money? It doesn't replace
his/her life style or cure the pain that might occur?

Some will likely say yes, the more the better. After all the on responsible
has lots of money, and is insured.

I say no. But before you think I have little care for the individual. I think he/she
should have all their losses paid. All medical bills, and any costs due to the loss of
life style. Including a pension if they can no longer work. Based on the income the
wages they would likely make plus a cost of living increase each year. This could
even be a perscentage if they were partially disabled.

Now we are not going to let the responsible party off with just that. There is punitive
damages. Or what I  call punishment for the responsible party.  But this money should
not go to the injured party, but for public use. After all fines for doing wrong goes to
the public good.

I am sure lawyers would fight this idea since they can ask for a percentage of the
money received by the plaintive. I tend to think there would be fewer law suits
made due to greedy people expecting riches, following this plan. I am sure some
of the suits should be thrown out and are in some cases.

I am sure in the past there was a time when settlements were  more reasonable, but
people change. Then again some have not, because greed has always been with us.

I am not a lawyer, so if someone knows the law better it would be nice to
hear from them on this subject. I am sure this and other such ideas are
debated in law schools. Law being a subject of much debate. 

[Rocco]

I think punitive damages should still go to the injured party. It increases the incentive to sue. While that does increase frivolous suits, it also makes it more likely for the injured party to sue in smaller cases. What we need are stronger punishments for those filing frivolous sits. And put a maximum % that lawyers can try to collect.
The money goes to the wronged party. Fines are for committing a wrong against society, so that is why the government collects. If you are the one wronged, you get to collect.
And we've seen how effective the government is at managing money.

[Old Rabbit]

I think punitive damages should still go to the injured party. It increases the incentive to sue. While that does increase frivolous suits, it also makes it more likely for the injured party to sue in smaller cases. What we need are stronger punishments for those filing frivolous sits. And put a maximum % that lawyers can try to collect.
The money goes to the wronged party. Fines are for committing a wrong against society, so that is why the government collects. If you are the one wronged, you get to collect.
And we've seen how effective the government is at managing money.

You do make some good points in that it does encourage suits where some might feel no need.
And the difference between fines and moneys for the plaintive. But I rather think if one was
injured, one would want their losses repaid instead of saying "ohh forget it. I would only get
my bills paid. Nothing more."  After all in todays health system it could be anywhere from
a few hundred for a bandaid to hundreds of thousands for a hospital stay. Much less
convelesence. and property recovery.

Also the state could still punish the guilty party for poor construction or other improper
practices which cause injury or property loss. Some states punish those who drive
without liability insurance.

Exorbitant law suits increase costs for us all. Not just the one who is being sued.

Perhaps putting limits on the amount. After all trying to get millions which they may or may not
ever get ties up the court system by people wanting to get rich. Sure a huge settlement might
correct business practices of a large corporation.  One should consider the lawyers practice of
going after anyone with "Deep Pockets"  If a item causes injury, lawyers go after not just the
manufacturer. They go after everyone who may have handled the item from factory to seller.
Who ever has a lot of money to go after.

We should remember sueing is a business, and some of those in that business
use any means they can to make a lot of money. No matter who it hurts. They don't
care about the plaintive. He/she is just a path to fatten their pocketbook.

Ambalance chaser come to mind?

[Yip]

While it's kind of a different issue, but I once was fined unfairly. I could have possibly fought it and won, but since I'd have to take a day off work to go to court and stuff, I'd end up losing more in lost wages then the cost of the fine. Not to mention the stress of having to deal with court proceedings. Not something I particularly want to deal with if I don't have to.

[Varg the wanderer]

-I love it when ambulance chasers lose, and then get counter sued and lose again.

There is a saying it goes something like:

"Hard cases make bad law."

Feeling sorry for someone is an easy way for weak people to ignore responsibility and automatically side with the injured party. Lawyers know this, and play on emotions like a friggin' piano to win the case.

You know the coffee is hot. It's made with boiling water for fuzz's sake. Don't stick the paper cup full of HOT water between your legs while you are DRIVING.

Machines don't think. They can't. A chainsaw cannot tell the difference between your log and your leg. A lath doesn't know if your tie got caught, and won't stop when it catches the rest of you either. An escalator doesn't know when your child is sticking their fingers in the cracks. A company has no control over how their product is used. They can intend a use, but that doesn't mean that it will be used that way.

Only you can protect yourself and be aware of your own safety. You have a brain for a reason, use it. There is a huge difference between something happening that is beyond your control (construction site drops a beam or load off a crane onto the interstate in front of you... when the highway should have been closed or they shouldn't have move the beam that way; guessing a medication dosage when it should be calculated; falsifying a repair or test or rating), and ignoring common sense and falling to your own stupidity (messing with the lawnmower blades without disabling the engine).

Bring back personal responsibility and these frivolous cases will vanish. People want to get rich quick, and until people regain a sense of honest earnings and virtues that won't happen. At one point in time people admired and looked up to the rich in this country that worked hard and earned their wealth. It was something to aspire too.

I would agree, too, if you work hard and honestly you deserve every bit of the money you made, regardless if it's a million dollars or a billion.

[Old Rabbit]

It is true there are people who feel honer means more than money. Used to be family honer
meant something. People killed each other in duels because of it.  Of course in many cases it was
as much about reputation as honer. Loss of a good reputation could cost you business or status.

I have heard of cases where those who immigrated to this country considered an accident to
be that and nothing more. Untill a lawyer told them they should sue. In some cases they still
refused out of personal pride.

Some people spend years trying to get rich from an unfortuant event, that was likely their
fault to begin with. They would do better putting the energy in to improving their lives by
working.

There are still people who do consider pride and honer above money, and think of family
honer instead of stealing or bringing shame upon them selves and family. We just don't
hear about them. Bad news sells better than good.. I have noticed the media showing
a bit of good news these days.. I hope they continue.

[animagusurreal]

I'm of two minds about this. On one hand, I think that without the monetary threat of lawsuits, corporations might not care about keeping up safety standards for employees and customers. On the other hand, as a retail employee, we have to constantly worry that someone will slip, and it seems like customers are no longer even required to watch where they're going. I've seen customers walk towards an enormous spill, right past a ring of 14 neon orange caution cones and three employees imploring them to stop. That seems kind of ridiculous. (The people I've seen don't even seem to be doing on purpose - they really don't see it! I sometimes suspect they're colorblind to the shade of orange that caution cones come in).

[Old Rabbit]

I'm of two minds about this. On one hand, I think that without the monetary threat of lawsuits, corporations might not care about keeping up safety standards for employees and customers. On the other hand, as a retail employee, we have to constantly worry that someone will slip, and it seems like customers are no longer even required to watch where they're going. I've seen customers walk towards an enormous spill, right past a ring of 14 neon orange caution cones and three employees imploring them to stop. That seems kind of ridiculous. (The people I've seen don't even seem to be doing on purpose - they really don't see it! I sometimes suspect they're colorblind to the shade of orange that caution cones come in).

I didn't say those who have responsibility for causing damage or injury should get off without
punishment. (Punitive damages)  Just that it shouldn't go to an individual any more than a fine
would. They should however have their losses paid. Which in these days can easliy add up to
tens of thousands of dollars or more.

I feel giving large sums of money to individuals incourages fraudulent claims. Such as purposely
jumping on a bus that just crashed, or falling down on purpose, or being stupid. Just to get a lot of
money.. Also lawyers stand to make large sums by getting up to 25% of a settlement. If it went to the
state like a fine they wouldn't get it either. It's a business, just watch how lawyers advertise. "We can
help you get the money you deserve. No charge unless you win."  They should say "We can get you the
money we both deserve"

[animagusurreal]

Oh yes, I knew you didn't want them to get away without punishment. I'm just wondering if corporations would care as much if the numbers were smaller. (I mean smaller from the perspective of multibillion dollar corporations. I'm sure they would seem large to me regardless ).  But I agree, it does encourage frivolous lawsuits and it does seem like a racket for the lawyers to make money.

[Kobuk]

Just saw this on the news. Give me a friggin break.  Seriously? People are going to sue because they didn't get to see a football game? Cry me a river, people. 
http://www.tmj4.com/sports/green-bay-packers/nfl-hit-with-class-action-lawsuit-over-canceled-hall-of-fame-game

[Chipper Blu-wolf]

I saw the title of this thread, and I immediately went with greed.

One example that made the news, and I can't believe it did, was a 20 year old girl that sued her parents because they didn't pay for her college education.  From what I can tell, the daughter was not living with her parents.  Somehow she won the case.  Granted I don't think we'll ever hear the total truth from all parties how this case went down, but when you read of stories like this, where people feel its about them, then its not about loss, its about the Benjamins.  There are plenty of students out there that don't go after mommy and daddy if they choose to not contribute or help their kids fund a college education.  They find ways to make it work, and honestly they come out stronger in the end because they had to be resourceful and make things work.  That's what life is about.  Money brings out the worst in people.

Source for the argument: https://www.yahoo.com/news/21-year-old-sues-parents-for-college-tuition-and-104767331362.html

[Kobuk]

I saw the title of this thread, and I immediately went with greed.

One example that made the news, and I can't believe it did, was a 20 year old girl that sued her parents because they didn't pay for her college education.  From what I can tell, the daughter was not living with her parents.  Somehow she won the case.  Granted I don't think we'll ever hear the total truth from all parties how this case went down, but when you read of stories like this, where people feel its about them, then its not about loss, its about the Benjamins.  There are plenty of students out there that don't go after mommy and daddy if they choose to not contribute or help their kids fund a college education.  They find ways to make it work, and honestly they come out stronger in the end because they had to be resourceful and make things work.  That's what life is about.  Money brings out the worst in people.

Source for the argument: https://www.yahoo.com/news/21-year-old-sues-parents-for-college-tuition-and-104767331362.html

This paragraph from that article kinda caught my eye:

Onorato says she expects to see more of these cases come up as college tuition rises. “We’re talking about 20, 30, 40 grand a year,” she says. “For some people that will be a big burden. As the cost of tuition skyrockets, there will be more people who are unable to meet that obligation and the ripple effect will be more kids suing parents for college since they cant afford it on their own.”

And if not college, what then? What else will kids sue for?

"Dad, you didn't get me a new car for my 18th birthday. I'm suing!"
"I'm suing my mother for making me do household chores!"

Age of entitlement, my tail!