N766UA From United States of America, joined Jul 1999, 8584 posts, RR: 23
Reply 7, posted (8 years 10 months 1 week 7 hours ago) and read 9025 times:
Quoting Legoguy (Reply 2): 'Earlier this week, a Texas law firm ran a full-page ad in the Lexington Herald-Leader promising to get maximum damages for the families of victims who hired it'
Is it just me or is this sick?
The more money the families get the bigger the lawyer's share... it's sick, it's wrong, it's exploiting a tragedy... but that's how america works. These lawyers are scum, but can you really blame the families? I'd probably feel like I was owed too.
DL787932ER From United States of America, joined Dec 2005, 597 posts, RR: 1
Reply 9, posted (8 years 10 months 1 week 7 hours ago) and read 8972 times:
It had to happen sooner or later...but I'm amazed (and disappointed) that a family member would have the thought to call a lawyer this soon! Given that the suit was filed just five days after the accident, and it takes some amount of time to state a cause and file the lawsuit itself, this "loved one" must have been on the phone to a law office before his/her family member was even cold.
Quoting Aussieindc (Reply 3): Looks like they're trying for a class action suit to maximize their profits.
The firm will obviously want to sign up as many clients as it can, but class action suits aren't really appropriate for this kind of disaster. Each family will sue (and probably settle) individually, even if some do use the same law firm.
DTW757 From United States of America, joined Oct 2003, 1623 posts, RR: 4
Reply 11, posted (8 years 10 months 1 week 7 hours ago) and read 8972 times:
Quoting N766UA (Reply 7): These lawyers are scum, but can you really blame the families? I'd probably feel like I was owed too.
The families are owed, there is no question. However these crooked lawyers sit back and act as middle men between the families and Comair. They are profiting big time from this tragedy and have suffered no loss.
B6JFKH81 From United States of America, joined Mar 2006, 2914 posts, RR: 7
Reply 12, posted (8 years 10 months 1 week 7 hours ago) and read 8946 times:
If the NTSB investigation isn't completed yet, how are lawsuits able to be filed when a final determination of responsibility hasn't come through? Man it's been a long time since I took that aviation law class!
"If you do not learn from history, you are doomed to repeat it"
Nkops From United States of America, joined Jun 2005, 2793 posts, RR: 5
Reply 13, posted (8 years 10 months 1 week 6 hours ago) and read 8907 times:
Quoting B6JFKH81 (Reply 12): If the NTSB investigation isn't completed yet, how are lawsuits able to be filed when a final determination of responsibility hasn't come through? Man it's been a long time since I took that aviation law class!
They will name everyone involved and drop names as facts become clearer. I guarantee you at some point even Bombardier will be named in one of these suits.
Piercey From Sweden, joined Nov 2005, 2233 posts, RR: 1
Reply 15, posted (8 years 10 months 1 week 6 hours ago) and read 8864 times:
Quoting Nkops (Reply 13):
They will name everyone involved and drop names as facts become clearer. I guarantee you at some point even Bombardier will be named in one of these suits.
Correct. Please remember that there is only a certain amount of time a lawsuit can be filed. Bombardier will probably be sued, but dropped, while the FAA and Comair will stay on the stand through the trial, along with the F/O if facts are clear enough.
Well I believe it all is coming to an end. Oh well, I guess we are gonna pretend.
TVNWZ From United States of America, joined Feb 2006, 2509 posts, RR: 2
Reply 16, posted (8 years 10 months 1 week 6 hours ago) and read 8842 times:
I am not a lawyer, and maybe some on A-Net can speak to this, but I believe you file the lawsuit as soon as possible to preserve evidence/record keeping. The facts and allegations can be filled in later, but the fact that everyone has been served means there will be criminal/cival liability for destroying evidence, communications, past memos, directives etc.
Remember AA flight 191. AA tried destroying significant evidence in that one. Got caught.
Quote: The federal law, set out at 49 United States Code Section 1136(g)(2) limits contact by lawyers and imposes a $1000 per day fine for violation:
“Unsolicited communications -- In the event of an accident involving an air carrier…no unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.”
Yhz78 From Canada, joined Apr 2004, 147 posts, RR: 0
Reply 21, posted (8 years 10 months 1 week 5 hours ago) and read 8681 times:
Quoting DL787932ER (Reply 9): but I'm amazed (and disappointed) that a family member would have the thought to call a lawyer this soon!
There is no need to call the lawyers, once the names are released those bloodsuckers are on the families before they even know what happened. It's part of the strategy to get them while still emotional and upset so they may not be thinking clearly or properly.
While an obvious fictionpiece and no doubt overdramatized, John Grisham's King of Torts novel gives a good idea at how tort law works opn the lawyer side.
Canada Rocks! From the west coast to the best coast!
Texdravid From United States of America, joined May 2004, 1388 posts, RR: 0
Reply 24, posted (8 years 10 months 1 week 5 hours ago) and read 8558 times:
Most reports from this tragic accident show human error as the culprit, at least preliminarily.
Thus the victims families deserve justice and compensation, no ifs ands or buts.
However, these ambulance chasing lawyers are a abomination to decency. To seek out these victim families via newspapers is despicable. What's worse is that these lawyers will get so much money and the needy families will get peanuts. Class action lawsuits are the biggest con game going in America.
Hence my signature....
Tort reform is needed. Families/patients/customers duly injured thru neglience or malpractice deserve compensation. However, skillful snake oil salesman/con-men and other lawyer charlatans need not make out like thieves on these unfortunate lawsuits.
Tort reform now. Throw lawyers in jail later.
: What about people who suffer accidental deaths through their own fault or people who have been murdered? Who is going to take care of their family? A
: Whats wrong with Air India? Yes the families deserves compensation etc etc, but for the law firm to do it this way...
: That is why we (other side of the pond) say over there you do not get rich because of working, you get rich because of suing... And that is were it s
: To quote John Mellencamp: "ahh, ain't that America" What exactly is the "instrumentality" in the cockpit the lawyer refers to? Is that even a word?
: How can anyone put a price on a family member? These stories make the families look like they're rubbing their hands together with a look of "we're g
: I think we should take the remaining co-pilot and let him take a retry at LEX with those lawyers with him, lets see how they like it! (No harm to the
: I'm sure the families are consumed with grief and money means nothing. It's the lawyers consumed with greed just sitting back waiting for payday. Tha
: Careful! You might get sued! If I lost a family member on that plane, I would have gotten a lawyer within 48 hours. Perhaps sooner. Only because I wo
: One word regarding the legal firms doing media advertising: appalling. It would seem like a novel attempt to exploit a loophole in the legal system. F
: Most people are full of shock from an accidental death to even think straight let alone think about getting a lawyer at that point. Trust me, I've su
: These law suits is just sick. And any Law office that takes out a full page add in the local newspaper should have their minds examine. How sick is th
: Just wondering if those individuals/companies that have been named would consider a counter-suit not against the families, but against those law firm
: There is nothing wrong with negligence lawsuits, and I would probably sue if my family member was involved in this. These lawyers fishing for clients
: I thought the NTSB reports were by law not allowed in court in a civil lawsuit case.
: You would find it impossible to prove damage considering all of the media coverage-in short, it can't be done. How can you prove that it was the acti
: Yes I forgot the name of the report but it had shocking details in it and only the AA upper management read it and ordered it destroyed which they di
: Yes, it does seem obscene to contact a lawyer so soon after a major accident like this but as another person posted, one wants to be in the loop of al
: Ahhh NO. Do you really need more investigating to figure out the pilots lined up on the wrong runway? Yea but unfortunately the ultimate responsibilt
: Well, whether or not it is scum, it is however the AMERICAN way... That is how the american society has chosen to handle matters like this. In other c
: Adams' son, Joshua Isaac Adams, said the family was pursuing legal action "so that we can one day have the answers we need." Isn't that the point of a
: First of, it was a woman. Second, she was driving at the time. This would've been a open-and-shut case if it weren't for the fact that the coffee was
: First of all....it doesn't really matter if it was a man or woman, it happened Secondly, 20F is 12 degrees below freezing.
: What has not been discussed here could be the major monetary side effect of this crash...a company in Chapter 11 as a wholly owned subsidary of anothe
: And IIRC, McD's had been warned about that before the incident, in which the woman was severely burned.... TPAnx
: In the terms of the case in question, it was a woman, so yes, it does matter. Okay, Mr. Literal. Let me put it in terms you will understand: The coff
: That's what's wrong with America today. I can understand why people would grieve and be angry. But this quote isn't even referring to her own family,
: If you're full of revenge when you've accidentally lost someone, you did not get much about death, or you weren't feeling so much for the dead person
: I thought there's a federal law that forbids lawyers from contacting the families of air crash victims for 30 days after the accident (or something li
: Well said. It's sad how many in this country have a sue-happy mentality.
: Yeah, true, but we usually let the client keep 55-60% and those awards (note sarcasm). I can guarantee those awards are far in excess of what Comairs
: (Oh boy, I can't believe I find myself weighing in positively for lawsuits, but I think some balance is in order.) The point is not to make the famil
: For this discussion it's not really relevant whether it was a man or woman who spilled the hot coffee themselves. I thought it was a man, you correct
: I dont believe so since they are just being named as possible defendants, not being told they are guilty. Bombardier, for example, will probably get
: Well I hope that they get as much money as they can...I mean a pilot takes-off from the wrong runway?? It's like a bus driver forgetting where the bra
: I've said for years that the attitude in the US (and it's happening in other countries now too) to sue everyone and anyone for anything is rediculous
: Its a sad world out there, got to sue to make them feel better with all that money.I'm surprised the aircraft maker, engine supplier, airport company
: The worst part of all this is that it has a "cry wolf" effect on the lawsuits that are truly justified. Caps wouldn't help much, as the same ridiculo
: Making the loser of a lawsuit pay the costs of both sides would help weed out frivolous lawsuits. The only reason why ridiculous lawsuits are filed i
: Now there's a social/legal barometer for you..tv sitcoms! TPAnx
: Oh pulleeeze. Like mafia henchmen. Just about everbody in America knows that lawyers charge their clients 10 to 20 times more an hour than most of th
: So a CEO deserves every cent and a lawyer doesn't? And how do you measure the amount of work and quality (where do you even get an info on amount of
: KabAir, Absolutely a great post! Thank you sir and regard to you as well Companies dont make mistakes, their employees who are human make mistakes an
: It's the company that has to take the responsibility...the company hires people and it is their responsibility to make sure those pilots do their job
: It's a little more complicated than 'going to school' and learning something. And I'm sorry, but I feel I 'earn' every penny I receive---it's not lik
: Of course it's *people* who make mistakes. But *people* follow processes and procedures put in place by *companies*. Or, to be specific, *people* fol
: Correct. IIRC, the accident reports include "Federal law prohibits introduction of this report as evidence..." or something to that effect The only p
: Correct. However, in all respondeat superior cases the company's representative or agent (employee) that was directly involved in the case will also
: maybe something to do with the faulty maint. of installing the engines wrong and destroying the pylons/mounting bolts in the process.
: I was told that a pilot cannot be personally sued for an accident on the job.
: I don't believe that is true. However, from a practical matter, what good does it do to sue a co-pilot on a regional carrier? The costs of pursuing t
75 D L X
: Then when? When is it acceptable to YOU, who was not involved in the accident, to sue for the joint negligence of the ATC and the pilots? Sigh. I lon
: And I long for the day when certain lawyers don't take out newspaper ads to try and profit off of a crash. If the families want to contact a lawyer o
: Here's my take: You don't "sign up" class members - one member acts for the class, and all members are bound unless they opt out (that's how it works
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: Life is good. I read cases for money now. But I haven't flown UA since the incident. US, NW, CO, and AA are looking pretty good right now though. Jus
: I'm quite sure every possible entity has been named as a defendant, from the obvious: Comair, the airport, probably DL, the pilot and co-pilot, Bomba
: I'm surprised there wasn't a suit filed before now.
: What really makes me mad, is when people who live through a crash, file lawsuits. Like in the Air France crash at Pearson a year ago, even the people
: If you were that pilot, seconds before landing would you have thought "Ah, hell, my company's going to get sued anyway, so why should I bother trying
: Are you saying that you feel that simply because someone lives through a crash that they are not entitled to compensation even though they may well h
: I take the point you are trying to make, (although I do question equating stuck in an elevator with surviving a plane crash...) Again, I can't speak
: No, I guess I worded it wrong. I think that the accident victims should be fully reimbersed from those responsible for lost property, and treatment,
: In order to get relief from the FAA and Delta's insurance companies, they likely had no other choice but to sue. Maximize their profits? Congratulati
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: Probably the same in the US (although the Air France crash won't be affected by the American legal system, I'm sure.) If someone walked out of the pl
: Don't forget that there is a lot of cost involved in filing a lawsuit that the attorney must pay-filing fee, response fee, witness fees, jury fees (if
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: Absolute bullshit. The lawyers get no more than a third. If you call two thirds of millions peanuts, then you are clearly doing very well as a doctor
: In litigation there is no such thing as "should have" "assumed that" "might have", etc. Whether or not the tower should have been staffed with more t
: First, by "20F+", do you mean "20 degrees higher than normal" for serving coffee? Second: the fact of the matter is, this woman spilled it on herself
: All these and the thousand more absolute morons of this world will stand before their Creator someday and give an account and justice will be paid. I
: The credible documentation I've come across doesn't assert that it was either between her legs or that it "fell over" when the accident happened. The
: How true. There are only a few cases where a company might not be held responsible for an agent's actions-specifically if it can be demonstrated that
: Our standard fee is 40%, but we do not charge for any expenses. There are small, slam dunk cases, were we accept 30%. Works out better for us that wa
: I think you need to take a look at http://www.snopes.com/legal/lawsuits.asp It seems that all of the examples you cited are false.
: Actually I'm surprised it took five days for a lawsuit to get filed. I knew as soon as it became obvious they took off from the wrong runway and the F
: The next post nails it. This is what the local new reported yesterday, they are concerned about the evidence being destroyed or lost in the investiga
: " target=_blank>http://www.atla.org/pressroom/FACTS/....aspx Interesting. I was not aware of this. Thanks for the correction. Though there are plenty
: It's tragic to have to bury a loved one. It's pathetic to have to bury your dignity.
: That set of circumstances in particular is kind of tricky. For public policy reasons, the law has always placed a very high burden on a landowner for
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: Actually, you're way off. (And I disagree with this case! So, I'm biased in your direction.) This woman was not driving, the car was parked, she peel
: Courtesy: WTVQ-TV Third Lawsuit Filed Against Comair http://www.wtvq.com/servlet/Satellit...=MGArticle&cid=1149190465506&path=