No

I’ve had experiences with lawyers to gripe about, but this comment wasn’t about them, it’s about the other people who seem to have lawsuits on their minds all the time. I don’t blame attorneys for being alert to situations that would justify a suit; that’s their job. I’m not saying either that all lawsuits are wrong; many are perfectly justified. I do, however, wonder about other people who aren’t lawyers who immediately think about them whenever something bad is reported.

My reaction is, “Okay, the first thing you thought about when you read this post was, ‘Sue ’em!’ not that it was a tragic accident, so what does that reveal about you? Are you hoping that something like that happens to you so you have a basis for a lawsuit?”

I never wanted to sue anyone until recently. Age & (reverse) race discrimination. "They" hired a 3 years experience minority over my 17 years experience over 40 WASP self.

But thank goodness no real tragedies.

Car forums are worse than gun forums. "Take it to small claims court"...

Years ago in Philadelphia, A Southeast Pennsylvania Transit Authority bus (SEPTA) crashed into a pole, injuring several passengers. When Police arrived they noticed people trying to get on the bus........

To claim injury from the crash, they said.

quote:

Originally posted by sigfreund:
I’ve had experiences with lawyers to gripe about, but this comment wasn’t about them, it’s about the other people who seem to have lawsuits on their minds all the time. I don’t blame attorneys for being alert to situations that would justify a suit; that’s their job. I’m not saying either that all lawsuits are wrong; many are perfectly justified. I do, however, wonder about other people who aren’t lawyers who immediately think about them whenever something bad is reported.

My reaction is, “Okay, the first thing you thought about when you read this post was, ‘Sue ’em!’ not that it was a tragic accident, so what does that reveal about you? Are you hoping that something like that happens to you so you have a basis for a lawsuit?”

Many laymen also make comments like "someone is going to pay a lot for that" even when there is no viable cause of action. (In other words, there isn't a winning lawsuit.)

quote:

Originally posted by jhe888:
Many laymen also make comments like "someone is going to pay a lot for that" even when there is no viable cause of action. (In other words, there isn't a winning lawsuit.)

Yes, that’s another thing.
I’m not an attorney and have very little experience with the civil side of court actions so I don’t have any feel for what cases are successful and what the settlements amount to. I’ve nevertheless often wondered, “What makes you think that such a case would win anything, and if it did, what makes you think it would be enough to set anyone up for life? Do you know something that’s not obvious to me?”

The less you know about it, the easier it is to pop off with certainty.

When you contemplate a lawsuit, there are a great many factors to consider. Is the law favorable? Ambiguously so? Not really in your favor?

How about the facts? It is seldom that the facts are entirely one sided favorable, unambiguous. Is there evidence to support each and every element of your cause(s) of action? Is that evidence admissible? Will all witnesses be available when needed? Are they credible, knowledgeable?

Are any defendants financially able to pay damages if awarded? Any insurance involved?

Will you still be as mad in 5 years which is how long it often takes to get a case to trial in California.

There are merely some big considerations. A good case can be lost in pretrial antics, oversights, bad luck, etc.

You should consider settlement potential. When someone comes to your office, it is always "Remember the Alamo!" You know what Remember the Alamo is, don't you? "Victory or Death!" Very often a settlement, mutually unsatisfactory, is much more satisfactory.

All of us who have litigated have seen the variations in outcomes, won or lost on technicalities, won in a battle but lost in the war, should have settled but declined a very good offer, etc.

It's a tricky business, and experience and sound judgment help avoid, but do not preclude, unfavorable results.