#1
alright, well my friends brother is being sued for a car crash that happened last year.

his brothers car was the one that was badly hurt, and he was the one taken to the hospital. the others was only minor damage less than 500, the insurance covered it too, (they have pictures of his car, and him getting into the ambulance, though the pictures of the others car dissapeared).

hes getting sued for personal injury, property injury, and battery. there asking for i think $25,000
how big are the chances of losing this case.
(i'm asking cause they are all on visa's, except for their dad, and there worried of having to move back)
#2
It doesn't matter at all who suffered the most damages. What exactly happened in the car crash? And who are all on visa's? The prosecutors family? I guess most importantly whose fault was the car crash? If your brother broke the law in anyway, like ran a redlight/stop sign, it doesn't matter that he suffered more damages, he will still have to pay.
#5
im gonna make a guess and say that if hes being sued for battery,

he might have caused the accident.

I"m gonna go with seryaph and say that in American law, whoever caused it is the one who has to pay, it doesnt matter who got hurt, unless you can prove that perhaps he was insane or it was not his fault

EDIT: yeah, if its his fault, he will lose.

However, there is no reason for the family to return.... unless of course they have overstayed their visa. In which case, they might be deported.

Also, when you say his father is not on a visa, do you mean his father is a citizen... or ..... is not legally in the US
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Last edited by algemar at Jul 22, 2008,
#6
Quote by thefoundationof
he was going to turn into the other lane and forgot to check if any car was coming, needless to say it didnt turn out good.
The ones on visa's are my friends family the ones being sued

im gonna go ahead and say roughly a 100% chance of losing, the accident was his fault, plain and simple
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#9
Quote by thefoundationof
The insurance had covered the damage though, and the dads a legal citizen xD, and i don't think there visas are expired. they came from venezuela so it would be really disappointing to go back.


in this case, there is no reason for them to return

im sorry about the accident though, thats a lot of money
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Oh yeah, and if guitar hero got you into the guitar? you're really playing for the wrong reasons.

there is no wrong reason to play a guitar, except for world enslavement and extermination of certain races, but those guys never make it big anyway.
#10
What a load of ****.

American law is frigging insane, accidents happen and if it was on purpose the law (usually) takes care of it, but then we get some stupid lazy bastard who decides "oh I think I'll sue these people causing them to declare bankruptcy and I get all their money, woohoo!".

Suing is bull****, shouldn't even be allowed.
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#11
$25,000 seems like a lot to ask for considering the damage got fixed for under $500. The pictures of their car magically disappeared? Probably going to say the damage was worse than it was. I could picture them saying someone broke a limb (since it was over a year ago, it healed). Probably wont do that though. Most likely, you're going to lose but $25,000 seems like way too much money to try and get for such little damage to the car and no damage to the family (I'm assuming that) and they probably wont get that much if they win. Then again I have absolutely no idea, just my 2 cents.
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#12
i mean... the american civil suit system.... well there are plenty debates about it.


lifes a bummer
Quote by kgesme21

Quote by Hsupernova

Oh yeah, and if guitar hero got you into the guitar? you're really playing for the wrong reasons.

there is no wrong reason to play a guitar, except for world enslavement and extermination of certain races, but those guys never make it big anyway.
#13
Battery!? From a car crash!? Dear God! What HAS this world come to?

he was going to turn into the other lane and forgot to check if any car was coming, needless to say it didnt turn out good.


Thats like saying "I forgot to look where to piss," it makes no sence.

Nonetheless, I beleive, yes, he will, in turn, lose what is, or supposed to be, this lawsuit which is, very, very, very, very, stupid. I hate the American Law System. Matter of fact, theres not much that I DO like about the government...Ex. George Bush
Last edited by The.new.guy at Jul 22, 2008,
#14
they won't be awarded damages if insurance already covered it, unless they have a very very good lawyer and your bro has a really bad one, I don't see how the battery charge would stick either since Battery is a.) a prosecutable offense, and b.) generally requires intent to be prosecuted, which is why people don't get prosecuted for it after accidents. The only thing they may be able to claim is punitive damages, and they won't get that much probably, but like I said it depends on how good each parties respective lawyers are, and how the judge feels about this sort of thing.

Quote by floppypick


Suing is bull****, shouldn't even be allowed.


Ok, so people should have absolutely no recourse if someone damages them or their property
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#15
Quote by floppypick
What a load of shit.

American law is frigging insane, accidents happen and if it was on purpose the law (usually) takes care of it, but then we get some stupid lazy bastard who decides "oh I think I'll sue these people causing them to declare bankruptcy and I get all their money, woohoo!".

Suing is bullshit, shouldn't even be allowed.

I half agree with this. If you're getting compensation for, say, medical malpractice, then yeah, it's fine. But when people sue for ab-so-fuckin'-lutely nothing, then I agree, it is a load of Bullshit.
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#17
Quote by Ticket48
$25,000 seems like a lot to ask for considering the damage got fixed for under $500. The pictures of their car magically disappeared? Probably going to say the damage was worse than it was. I could picture them saying someone broke a limb (since it was over a year ago, it healed). Probably wont do that though. Most likely, you're going to lose but $25,000 seems like way too much money to try and get for such little damage to the car and no damage to the family (I'm assuming that) and they probably wont get that much if they win. Then again I have absolutely no idea, just my 2 cents.


Yeah, I think if the damage was under $500 and no one was hurt, then they won't be given all $25,000. In some states, if the damage is under $500 and no one's hurt, you don't even have to call the police.
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#18
Quote by Ticket48
$25,000 seems like a lot to ask for considering the damage got fixed for under $500. The pictures of their car magically disappeared? Probably going to say the damage was worse than it was. I could picture them saying someone broke a limb (since it was over a year ago, it healed). Probably wont do that though. Most likely, you're going to lose but $25,000 seems like way too much money to try and get for such little damage to the car and no damage to the family (I'm assuming that) and they probably wont get that much if they win. Then again I have absolutely no idea, just my 2 cents.

i agree for the most part, but by the same token, they will need proof, who gives a sh!t if they say "i had a broken leg" make them get the x-rays to prove it. and if they are claiming lots of damages, make them show receipts for repairs, if they have no proof, they can't really sue for much if anything.
#21
just to stay on topic.

Hey TS, i would hate to tell you the wrong thing, but there is a possiblity that they could be deported? I mean, i remember reading that some people have been deported on different crimes, however, i think it was so that they could be charged in the criminal courts of their own countries
Quote by kgesme21

Quote by Hsupernova

Oh yeah, and if guitar hero got you into the guitar? you're really playing for the wrong reasons.

there is no wrong reason to play a guitar, except for world enslavement and extermination of certain races, but those guys never make it big anyway.
#22
he should consider counter suing for court costs and punitive damages, because the case is blatantly frivolous.
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#23
Quote by Kid_Thorazine
they won't be awarded damages if insurance already covered it, unless they have a very very good lawyer and your bro has a really bad one, I don't see how the battery charge would stick either since Battery is a.) a prosecutable offense, and b.) generally requires intent to be prosecuted, which is why people don't get prosecuted for it after accidents. The only thing they may be able to claim is punitive damages, and they won't get that much probably, but like I said it depends on how good each parties respective lawyers are, and how the judge feels about this sort of thing.


Ok, so people should have absolutely no recourse if someone damages them or their property


Okay, the things you can sue for should be greatly reduced. American lady sues a place (I don't remember where) because she spilled her coffee and burned herself. She got millions of dollars, because her coffee was HOT.
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#24
Quote by Kid_Thorazine
he should consider counter suing for court costs and punitive damages, because the case is blatantly frivolous.


that wouldnt fly in court,

those kinds of suits go through all the time, so its not quite frivolous,

the battery charge might not succeed... but the charge... well fine its frivolous, however the amount you would have to pay your lawyer to succeed in the frivolity case? I would just avoid the effort.
Quote by kgesme21

Quote by Hsupernova

Oh yeah, and if guitar hero got you into the guitar? you're really playing for the wrong reasons.

there is no wrong reason to play a guitar, except for world enslavement and extermination of certain races, but those guys never make it big anyway.
Last edited by algemar at Jul 22, 2008,
#25
Quote by floppypick
Okay, the things you can sue for should be greatly reduced. American lady sues a place (I don't remember where) because she spilled her coffee and burned herself. She got millions of dollars, because her coffee was HOT.


That case had merit, because the coffee was scalding hot and she was pretty badly injured, and it turned out that they where making the coffee excessively hot intentionally (you get more coffee from the beans that way), now parents suing fast food places for making their kids fat however...

/off-topic

Quote by algemar
that wouldnt fly in court,

those kinds of suits go through all the time, so its not quite frivolous,

the battery charge might not succeed... but the charge is still not frivolous


It is if insurance already paid for the damages, someone tried this on me (minus the battery thing) when i was found at-fault in an accident and it got preemptively thrown out because my insurance had already paid to get their car fixed, so the case was deemed frivolous and they had to pay my legal fees.
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Last edited by Kid_Thorazine at Jul 22, 2008,
#26
Quote by floppypick
Okay, the things you can sue for should be greatly reduced. American lady sues a place (I don't remember where) because she spilled her coffee and burned herself. She got millions of dollars, because her coffee was HOT.


Famous case Liebeck vs Mcdonalds, um... 1995?96?

Anyways, she was supposed to get about 2.4 million, but that got lowered to $400,000.
and then they entered into "secret agreements" cause Mcdonalds was not liking the heat. Pardon my pun.

Quote by Kid_Thorazine
That case had merit, because the coffee was scalding hot and she was pretty badly injured, and it turned out that they where making the coffee excessively hot intentionally (you get more coffee from the beans that way), now parents suing fast food places for making their kids fat however...


I agree.
Quote by kgesme21

Quote by Hsupernova

Oh yeah, and if guitar hero got you into the guitar? you're really playing for the wrong reasons.

there is no wrong reason to play a guitar, except for world enslavement and extermination of certain races, but those guys never make it big anyway.
Last edited by algemar at Jul 22, 2008,
#27
Quote by Kid_Thorazine
That case had merit, because the coffee was scalding hot and she was pretty badly injured, and it turned out that they where making the coffee excessively hot intentionally (you get more coffee from the beans that way), now parents suing fast food places for making their kids fat however...

/off-topic


They actually outlawed that .

Anyway, they don't have a very good chance of coming out of there with their money.
They shouldn't pay a thing, it was a damned accident. If I sued people every time they inconvenienced me I'd be rich.
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#28
Quote by Kid_Thorazine
It is if insurance already paid for the damages, someone tried this on me (minus the battery thing) when i was found at-fault in an accident and it got preemptively thrown out because my insurance had already paid to get their car fixed, so the case was deemed frivolous and they had to pay my legal fees.


Hah I didn't think about the insurance part, good catch.
Quote by kgesme21

Quote by Hsupernova

Oh yeah, and if guitar hero got you into the guitar? you're really playing for the wrong reasons.

there is no wrong reason to play a guitar, except for world enslavement and extermination of certain races, but those guys never make it big anyway.
#29
as everyone in the pit says "pics or it didn't happen" if they have no proof of damages, injury, battery etc, then they got no case. cos their word isn't proof. and if they did get injuries, they should have proof, from hospitals etc, same with damage repairs, dated receipts.
common sense should prevail.
#30
Quote by floppypick
They actually outlawed that .

Anyway, they don't have a very good chance of coming out of there with their money.
They shouldn't pay a thing, it was a damned accident. If I sued people every time they inconvenienced me I'd be rich.


An accident would be dropping a plate and breaking it. Not checking your blind spot when changing lanes is negligence. If you do what you're supposed to (i.e. follow traffic laws and use common sense), you won't cause traffic collisions.
#31
I do think that the person who is behind must yield, I'm not too certain on that though.
Last edited by Mr. Nasty at Jul 23, 2008,
#32
Quote by Ticket48
$25,000 seems like a lot to ask for considering the damage got fixed for under $500. The pictures of their car magically disappeared? Probably going to say the damage was worse than it was. I could picture them saying someone broke a limb (since it was over a year ago, it healed). Probably wont do that though. Most likely, you're going to lose but $25,000 seems like way too much money to try and get for such little damage to the car and no damage to the family (I'm assuming that) and they probably wont get that much if they win. Then again I have absolutely no idea, just my 2 cents.

Wouldn't they need a medical record if they claim that the guy broke a limb?
#34
It doesnt sound like a winnable case to me, even if u had our own cagnius as ur lawyer. He didnt shoulder check and that caused the accident and thats all the judge and/or jury cares about

EDIT: after reading above posts:

They will need medical evidence whether it be documents or a doctors testimony that they suffered 25000 dollars worth. If it was as minor as you say there is almost no way the judge will agree to that much money for such little damage

And if they lie and make it sound worse, prove it and they get a misdemeanor (or somethin) and you get mucho cash and they rot in prison for 1-5 years
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#35
Quote by Ticket48
$25,000 seems like a lot to ask for considering the damage got fixed for under $500. The pictures of their car magically disappeared? Probably going to say the damage was worse than it was. I could picture them saying someone broke a limb (since it was over a year ago, it healed). Probably wont do that though. Most likely, you're going to lose but $25,000 seems like way too much money to try and get for such little damage to the car and no damage to the family (I'm assuming that) and they probably wont get that much if they win. Then again I have absolutely no idea, just my 2 cents.


+1. Then a counter-suit for defamation .
#36
i don't think they're gonna get kicked out of the country due to a vehicle accident.

it really sucks.. but i think they'd only get kicked out if they were like trafficking drugs or something along those lines.
Grammar and spelling omitted as an exercise for the reader.
#37
I might not have read clearly but what will happen in a lot of these cases is that the person suing will get themselves a lawyer then sue for a ****load of money that they don't actually expect to see. Their lawyer is probably banking on your friend's brother's (?) insurance company to settle out of court for much less.

That is assuming that he is insured for this anyway
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#38
this pretty much sums up why i really dislike america

over here, if that happened, it would go something like this

'****! *swerves and crashes*'
*guys in other car get out*
'Whats your problem you idiot *see he is injured* hey, you alright mate?'
'Don't think so, i think i need an ambulance'
'No problem, *calls an ambulance* so what happened'
'I wasn't looking properly, swerved and hit you, sorry mate'
'No problems, just get fixed up, insurance will cover it'
'Thanks alot, you aren't gonna press charges
'No mate, too much hassle, don't worry about, we got insurance'
*ambulance comes*
'Thanks again'
'No worries mate'


see, in England, everything is just BETTER



well, apart from some things, you get all the awesome guitar stuff really cheaply. But everyone is more human in england. Read Bill Brysons 'Notes from a Big Country' and you'll see what I mean
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