Lawyers and Lawsuits 101

It's common sense at most times to decide whether lawyers and attorneys are needed. For crimes charges, lawsuits, and other court matters, it is almost second nature to us to call a lawyer. Other than these, most people would come up blank if asked for situations where lawyers are needed.

Other than court purpose, lawyers and attorneys attend to other matters depending on their expertise. There are lawyers who chose to master international laws, corporate laws, and those who practice in court. However, before hiring lawyers, several considerations must be looked into. The seriousness of the offense or matter is the primary question that should be answered. Parking tickets don't need an attorney's attention unless in cases of repeated offenses. Tax offenses, financial settlements, and real estate purchases are events that require the legal expertise of a lawyer. As a general rule, all matters that endanger or could threaten your financial interest and legal rights must be brought to the attention of a lawyer.

Despite the bad rep and all the flak lawyers and attorneys seem to be getting everywhere, consulting one is your best move especially in legal situations you're not able to fix alone. Unsure of hiring an attorney's services? You may check other organizations that offer legal aid. Most companies have consumer care departments which resolve consumer complaints. If problem arises from industries such as finance or banking, it would be good to seek the attention of the agency that regularizes the finance industry. Civil and Human Rights advocacy groups also provide free legal aid and information.

However, some situations demand the attention of a lawyer as stated in our general rule. In general, it is advisable to consult lawyers and attorneys ASAP. The length of time it took you to take legal action might even be used against you in court. It's also a good thing if you are clear about your objectives in getting legal service. Whether you desire to be re-employed by your former employer, get your neighbor to keep off your property, or convict the person who endangered your life, be clear about it. This will give your lawyer a better perspective to prepare your case. It wouldn't hurt to compare lawyer rates. However, be sure not to divulge too much of your problem on lawyers that you wouldn't get. One of them might be the lawyer the other party hires. Be objective and have your lawyer assess your chances, the expenses, and the time it would take to resolve it. Be wary because you might be spending more on your lawyer and the case than what you would gain if you win.

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* Government Statistics on Legal Verdicts and Jury Awards - $ U.S. district courts terminated approximately 512,000 civil cases during fiscal years 2002-03. Nearly 20% or 98,786 of these cases were torts in which plaintiffs claimed injury, loss, or damage from a defendant’s negligent or intentional acts. $ Of the 98,786 tort cases terminated in U.S. district courts in 2002-03, about 2% or 1,647 cases were decided by a bench or jury trial. $ An estimated 9 out of 10 tort trials involved personal injury issues C most frequently, product liability, motor vehicle (accident), marine, and medical malpractice cases. $ Juries decided about 71% of all tort cases brought to trial in U.S. district courts; judges adjudicated the remaining 29%. $ Plaintiffs won in 48% of tort trials terminated in U.S. district courts in 2002-03. Plaintiffs won less frequently in medical malpractice (37%) and product liability (34%) trials. $ Eighty-four percent of plaintiff winners received monetary damages with an estimated median award of $201,000. $ Plaintiffs won more often in bench (54%) than in jury (46%) tort trials. The estimated median damage awards were higher in jury ($244,000) than in bench ($150,000) tort trials. April 2006 - A Jury in New Jersey found last week that Vioxx significantly contributed to a 77-year-old man's heart attack awarded him $9 million in punitive damages yesterday, raising Merck & Co.'s liability in the case to $13.5 million and intensifying pressure on it to settle such lawsuits. Example of Personal Injury Case 2004 : Ford Explorer rollover-prone and roof not crash safe and worthy- CASE TYPE : Product Design Defect, Auto Truck Vehicle - SUV, Motor Vehicle – Rollover CASE : Buell-Wilson v. Ford Motor Co., San Diego Co., Calif., Super. Ct. GIC 800836 Los Angeles, Calif. JURY VERDICT: $369,000,000 (369 Millions Dolalrs 2005 - In what may be one of the biggest massive medical malpractice tort verdicts in the state of Texas, a state jury awarded $606 million - including a remarkable $ 600 million dollars in punitive damages - to the family of an 82-year-old patient who had cancer and then who died after receiving an overdose of chemotherapy drugs. 2005 - In the 9th big loss for Ford in SUV Explorer rollover cases, a Florida jury awarded $61.2 million to the parents of an 18-year-old boy who was killed in a 1997 (wrongful death & Product Defect and Product Liability Issues) Example of Personal Injury Lawyer Case 2004 : Dodge Caravan seatback collapsed on baby in a car-seat - CASE TYPE : Automobiles, Products Liability - Product Design Defect, Wrongful Death, Motor Vehicle - Rear-ender, Motor Vehicle - Passenger, Motor Vehicle - Minivan CASE : Flax v. DaimlerChrysler Corp., Davidson Co., Tenn., Cir. Ct. O2C-1288 JURY VERDICT : $105,500,000 (105 Million Dollars 2005 – Billion Dollar Verdicts - In one of 2005's largest verdicts to an individual plaintiff regarding financial fraud , a Florida jury ordered Morgan Stanley Broker Dealer to pay $1.45 billion to investor Ronald O. Perelman for defrauding him in the sale of his camping gear company - Coleman. 2005 - February, a prominent Houston law firm and a Texas bank were SMACKED and Beaten with a $65.5 million verdict in a highly complex estate planning case that involved major problems and conflicts of interest. (65 million dollar jury award) 2005 – 3 years after a jury acquitted a company in Florida of manslaughter and criminal charges, a Florida civil jury SLAMMED the outdoor advertiser with a $65 million jury award verdict for the shock and electrocution of a sixth-grade boy. Age Discrimination - In December, a Los Angeles California jury found that PrivatAir - an aviation company focusing on private airline services - wrongfully fired Captain Doyle D. Baker on the basis of his age, defaming him in the termination process and causing extreme emotional distress.

Punitive damages serve a number of important functions which—despite a few horror stories, which are themselves either apocryphal or overturned in the courts, the functions remain valid and in the public interest. Persons causing great harm—persons deliberately or with gross negligence causing great harm should not view paying damages as merely a cost of doing business, a cost that might fit neatly into a risk analysis of wrongdoing. That is what happened in the Ford Pinto case in which the cost of paying claims to victims of a known deadly hazard was deemed less than the cost to retool the assembly line, and thus the hazard was maintained knowing full well that further people—more people would be injured or killed. This is the purpose of punitive damages, to punish this kind of egregious wrongdoing, and to deter, to be a deterrent to such conduct. It is not immediately clear why a deterrent—or the necessity of the deterrent should bear any great relationship to the amount of actual damages in a given case. There is nothing wrong and indeed something highly desirable in maintaining this disincentive to wrongdoing in an appropriate relationship to the harm and the conduct of the tort-feasor. This trend has led one commentator to suggest that ''[p]unitive damages have replaced baseball as our national sport.'' Theodore B. Olson, Rule of Law: The Dangerous National Sport of Punitive Damages, Wall St. J., Oct. 5, 1994, at A17. See also Malcolm E. Wheeler, A Proposal for Further Common Law Development of the Use of Punitive Damages in Modern Products Liability Litigation, 40 Ala. L. Rev. 919, 919 (1989) (''Today, hardly a month goes by without a multimillion-dollar punitive damages verdict in a product liability case.'').