Originally posted by surferboy@May 5 2005, 11:14 PM
Pops, is that even legal what they're doing? Like, yer son didn't cause the accident, so how the hell can they sue them?
[post=308458]Quoted post[/post]
Yes, you can sue anyone for anything. There is a catch if you do and lose, you get to pay for all the court costs etc. And you can be countersued.
Most competent judges will through out frivilous law suits and fine the attornyes for bringing an obviously rediculous claim to court.
For instance, if I had an attorney file a suit against you for hitting me in the face, I would need an attorney. Now once, the judge finds out that we have never met face to face, that attorney can be fined and in some states I can be fined. Also, you could sue me for slander. Your chances of winning would be almost guaranteed. HOw much money you wuold be awarded depends on a lot of factors depending on how much money I have to start with.
In Arkansas, a jury would determine the damages.
What keeps all of us from being sued all the time is that the loser pays for everything.
In your case, if the woman loses it is her insurance company that pays the bill.
In Arkansas, there are lawyers that do nothing but represent people like the lady who had the accident. They get a percentage. So it is mass production deal. If after a while the "volunteer" attorneys see that they aren't going to make any money out of the deal, they bail out.
When my son had that wreck we received at least 20 or more letters from attorneys offering to represent us in a lawsuit witch of course them getting a big piece of the action if we win.
Usually, insurance companies just pay these kinds of lawyers and people off. They make a deal. That is what those kind of people are after and the lawyers again get part of the action.