not-so-furry discussion > debate forum

Law suits due to greed or for loss.

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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:

--- Quote from: Rocco on May 12, 2016, 07:06:49 pm ---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.

--- End quote ---

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. :D

There is a saying it goes something like:


--- Quote ---"Hard cases make bad law."
--- End quote ---

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.

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