Litigation

[Zennie 0]

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you might then start to understand how tangible some of those things are....

Sure. But tangible as in $10+ million tangible?
"Zero Tolerance: the politically correct term for zero thought, zero common sense."

[Zennie 0]

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Obviously the verdicts come from judges.

Nope. Not in the US.
Those verdicts come from juries. And that's a whole other soapbox...
The really excessive ones are often reduced by the judge. But the fact is people are getting rich off civil suits. In fact, most of the frivilous ones are filed by people knowing full well that it will be more expensive for the defendant to defend the frivilous suit than just settle for $X now. So that's what happens, I file a lawsuit and then the defendant coughs up money to make me go away.
And that I call "legalized extortion"...
As most of you have probably surmised, I don't view the American legal system in a very positive light. That comes from seeing it in operation firsthand -- and I got so disgusted with it I decided to leave.
"Zero Tolerance: the politically correct term for zero thought, zero common sense."

[rgoper 0]

10+ million could but a lot of dz's and aircraft, that much i know! but i'm sure i made my feelings on this particular subject matter crystal. rock on zenmeister!!
Richard
"Gravity Is My Friend"

[freeflir29 0]

"But tangible as in $10+ million tangible?"
I'll just paste this in one more time. No amount would "make up" for my situation but it would help some to correct it. I don't think you can put a price on it....
"if you have ever had your entire life turned upside down, career ruined, and had everyone you know look at you just a little differen't than they used to because of something someone else did."
"Carb Heat On....Carb Heat On.....Carb Heat On..."-Phil Polstra Clay

[freeflir29 0]

"I don't view the American legal system in a very positive light"
I forget where this quote comes from but it was in some dusty law book I was reviewing.
"Law....the bastard child of justice..."
"Carb Heat On....Carb Heat On.....Carb Heat On..."-Phil Polstra Clay

[rgoper 0]

zennie:
if a jury finds that no money should be awarded to a victem/complaintent, what ever, can a judge reconsider the findings of the jury, and take it upon him self to either award, or to find that the subject will in fact, recieve nothing, or a sum maybe equal to his workman's comp, and surgeries, etc...have costs? we had a big jury trial up here where i live, it's been going on for 4 years, (the guy was in fact, really not injured, i know this for fact) he had back surgery, on what, i don't know, but i do know it didn't stop him from his usaul activities. the jury found in favor of the third party company being sued, (awarding him nothing) now this guy is telling all of us that the judge didn't agree with the jurys verdict, and will take up to 90 days to find in favor for him monetarily, i find this odd, because it was always my understanding that the laywer(s) would have to appeal for this to happen, just curious, i'd like to know if this guy is blowing smoke up me arse or not. the original lawsuit was asking 4+ million, the service company offered $100,000.00, and they declined, and pressed on.
Richard
"Gravity Is My Friend"
P.S.
if you like, pm me that info, so's to keep it out of here...thanxs
rgoper@msn.com

[Zennie 0]

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No amount would "make up" for my situation but it would help some to correct it. I don't think you can put a price on it....

First off, I'm sorry for whatever happened to you and whatever it is that you have gone through. But even if $X million may be justified in your case, it doesn't change my opinion of the general dyfunctionality of our system. As you yourself say, you can't put a price on certain things. But that's exactly what juries are being asked to do. And there's no real equation for it.
Again, lost earning capacity, lost wages, medical expenses, costs for medicine, past & future doctors vists, therapy, that sort of thing are all readily quantifiable & calculable. I don't have a problem with those types of damages. I think they are entirely appropriate and serve to make the person as "whole" as best you can.
It's the unliquidated damages, those not subject to any real formula (other than how much do you think they should get?) that I have a problem with for the very reason you stated... you can't put a price on them. And more often than not those amounts are sent through the roof by shrewd manipulation of people's (i.e. the jury's) prejudices against "deep pockets".
Again, I'm sorry if my feelings on this make you angry or upset, but that is my opinion and it has been shaped by my experience. You naturally have a very different experience and a different attitude, and you are entitled to it. I don't know what happened in your case, but I hope that you can recover as best as you are able.
"Zero Tolerance: the politically correct term for zero thought, zero common sense."

[freeflir29 0]

"I'm sorry if my feelings on this make you angry or upset"
Not at all and I totally understand your attitude. I would tell you my story but last time I did that for someone that wanted to know it took about 3 hrs and 10 beers. So, if I get to Texas next year I'll swill some of your beer and tell ya the deal......."Carb Heat On....Carb Heat On.....Carb Heat On..."-Phil Polstra Clay

[billvon 2,990]

>I totally agree that most law suits are pretty frivolous. However, if you have ever
> had your entire life turned upside down, career ruined, and had everyone you
> know look at you just a little differen't than they used to because of something
> someone else did. Intentionally or by pure negligence......you might then start
> to understand how tangible some of those things are....
Yes, and it's important to understand that _before_ you start skydiving. The pilot could make a mistake that would put you in a wheelchair for the rest of your life, unable to breathe without a respirator. An organizer can make a mistake that kills you flat out. Another jumper could render you unable to walk, or have kids, or speak coherently.
These things can happen if they make small mistakes or big ones. They can even happen if both you and the "other guy" do everything right. If you feel that monetary compensation is required (or even appropriate to seek) to correct any of the above, then I suggest that skydiving is not for you. The reason why is spelled out in every single waiver we sign. The one way to keep yourself from being put at risk from another's actions (or even from your own) is to stay on the ground.
-bill von

[riggerrob 643]

There is another flaw in most legal systems.
Frequently a jury will decide that one party is 80% to blame, a second party is 15% to blame and a third party is 5% to blame.
The flaw is that if the skydiving student made 80% of the errors and the jumpmaster made 15% of the errors, but the jumpmaster is a typical penny-less professional skydiver, the lawyers will try to extract 100% of the judgement from the third party.
This is based upon the "deep pocket" theory. Lawyers who practice "deep pocket" law really do not care who made the intitial mistake. They just continue suing until they find someone with deep enough pockets to pay the entire judgement. Often the deep pockets belong to someone who was on vaguely related to the accident, ie. the municipality that owns the airport where the accident occurred.
British Columbia is considering revising the laws so that if you are found 15% to blame, then you only owe 15% of the judgement.
Sounds like a mature law to me.

[scottbre 0]

Actually, there are certain states that practice that form of tort law as well. While some still go on the basic priciple that if you were at all responsible for what happen, regardless of how minutely, you cannot recover.
"Can't keep my mind from the circling sky. Tongue-tied & twisted just an earth-bound misfit, I."

[skymedic 0]

This sounds very similar to alot of the Equine acts in many states......it basicly says you know this is a dangerous sport, you partake at your own risk....I believe our sport needs to get some of these laws passed to protect it for future generations.....
Marc
Res Firma Mitescere Nescite