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Throughtout many of these threads and postings, there appears to be a great majority who believe that lawsuits commenced by victims' families are questionable, or rather, unjustified, and/or because of greed, and the like. There are those have posted comments that laws enacted with a "person's name" are "probably" created for some kind of ego-need. Again, I think not although I do believe that when creating such legislation such as Jessica's Law or the Adam Walsh Act, they have to be considered and reviewd proactively and carefully.
Although I am not a lawsuit crazed person,I strongly believe that there are situations and cases when civil suits are not only acceptable actions to take, but are necessary and vital, not only to compensate those victims for their losses but to insure that similar situations simply do not happen again.
Here is an article about the story of Adam Walsh....outrageous and so very many mistakes....and all of those years wasted. Had the investigation been handled more appropriately, certainly it would not have changed the horrors of what happened to that 6 year old child, HOWEVER, his parents would have been able to have had some semblance of sanity and for lack of any other word 'closure' years ago....they so deserved the right to have someone brought to trial and to justice, and they did not.
General News - Fla. police close books on '81 Walsh killing (http://www.comcast.net/articles/news-general/20081216/Adam.Walsh/ - broken link)
Let's take the Tracy Thurman case, from Torrington CT. This is one of the cases that brought the seriousness and dangers of domestic violence to the front, out of the closet. The way this case was also handled was egregious. And if any one saw the movie that came from this case, it was probably shocking to you as well. To imagine Ms. Thurman calling the police again, telling them that he was going to kill her, to please come immediately and when they did arrive, her husband was kicking and attacking her outside of their home and no one did a thing but watch it because they were scared and stunned, and that included police officers just watching in shock. She sued the Torrington Police Department and won; at what expense, half of her body is paralyzed and that could have been avoided had the protection she needed, been provided to her. Did the money she won change her physical and mental condition (her husband also plummeted her head), of course not...did it help her with some of her medical expenses, therapy, etc., yes but more importantly, will that type of situation happen as readily in Torrington CT, probably not.
And now the Goldmans; will the monetary award bring Ron back, of course not, and the fact that they have not received their full award again reflects that the system has once again, failed them. Might it help prevent another tragedy, perhaps so in that the law enforcement agencies just might be more careful in how they handle evidence, what they say, or don't say....
What I think is important to recognize and what I also believe is true, the best victim advocates are those who have been victims. They are the ones who know what the mistakes are; how other victims are treated and how with persistence, education and other mechanisms, do their absolute best to not only help those who have been victimized by offenders and the system, but to do whatever they can to try to make those, for example, who have ideas that people who sue are in it for the money or their egos but realize that is not the reason they begin litigation.
I was always one of those people who believed that 'politics' meant the right to vote; I believed that 'justice' was Law and Order, Matlock or similar...justice does not always end with an appropriate sentence and sometimes no sentence at all.
As such, I have become an advocate. Hopefully there are other "victims" out there who have now become "survivors" who will help others in the same way. That's how the process must work. That is why John Walsh started his advocate work and created an amazing program that has helped to capture so many criminals; that is why Jessica's mom campaigned as she did and we have stronger sex ofenders laws
And, unless and until someone has walked in 'our shoes' they simply have no idea of that journey.
Throughtout many of these threads and postings, there appears to be a great majority who believe that lawsuits commenced by victims' families are questionable, or rather, unjustified, and/or because of greed, and the like.
As far as I am concerned that is purely a determination for juries.
Thanks for responding to my post; I agree that the renumeration is a determination for juries and/or bench trials. What I was referring to was not so much the dollar amount of a settlement/award but rather the reason why many institute a lawsuit in the first place.
I don't always think it is about the amount; it is about the acknowledgement, the recognition that there was a wrong done, an injustice and somehow, it needs to be 'righted' (word)...
There are currently some 'alternative' approaches which are having some interesting results; like the parallel justice programs, to name one. There are programs which, if the parties are agreeable, and are closely monitored when the victim can meet with the offender and ask why.....there have been some real healing results, a catharsis for many victims and that is beginning to be a significant option. Sometimes the victim just wants to know why...and wants to be able to say what they need to say...everyone! is entitled to 'their day in Court" and if it does not work successfully in the criminal trial court, well then let it be in the civil court. It is important to permit that part of the process.
About 2yrs ago I was attacked by my Foreman while working. I suffered Back,neck,shoulder,and knee injury's.(the later 2 required surgery)My Life as been hell as I am broke($),in constant pain,and my relationship with my women has been strained(see above).Anyhow the Workers Comp case is still dragging and I've been told by my Doc that I will b unable 2 return 2 my Trade.2 make my long story short...I wanted to ask, if I can go after my attacker/foreman in Civil Court?& no I did not have him arrested tho I wish I listened to others and had.I never wanted any of this but its my life & I have 2 deal with it.This **** is going on 2yrs & its ruining me-I think its high time 4 him to have deal.What do u think...Do I have a case-have I waited to long?Please let me know what you think.TY
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,766,887 times
Reputation: 3587
Quote:
Originally Posted by Roof-D-Roof
About 2yrs ago I was attacked by my Foreman while working. I suffered Back,neck,shoulder,and knee injury's.(the later 2 required surgery)My Life as been hell as I am broke($),in constant pain,and my relationship with my women has been strained(see above).Anyhow the Workers Comp case is still dragging and I've been told by my Doc that I will b unable 2 return 2 my Trade.2 make my long story short...I wanted to ask, if I can go after my attacker/foreman in Civil Court?& no I did not have him arrested tho I wish I listened to others and had.I never wanted any of this but its my life & I have 2 deal with it.This **** is going on 2yrs & its ruining me-I think its high time 4 him to have deal.What do u think...Do I have a case-have I waited to long?Please let me know what you think.TY
DISCLAIMER: I am not an attorney, I just play one on the internet.
If you were attacked by your foreman - or any co-worker- on the job, you can sue him personally for the attack. You cannot sue your employer because they are shielded by Workers Compensation. This is true of any injury you suffer on your job as a result of another's actions. If you are driving a company vehicle and somebody creams you in the rear, you can sue them and their insurance company but not your employer for which you would have to go through Workers Comp to collect.
Location: Democratic Peoples Republic of Redneckistan
11,078 posts, read 15,082,780 times
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Quote:
Originally Posted by KevK
DISCLAIMER: I am not an attorney, I just play one on the internet.
If you were attacked by your foreman - or any co-worker- on the job, you can sue him personally for the attack. You cannot sue your employer because they are shielded by Workers Compensation. This is true of any injury you suffer on your job as a result of another's actions. If you are driving a company vehicle and somebody creams you in the rear, you can sue them and their insurance company but not your employer for which you would have to go through Workers Comp to collect.
I am not an attorney either,but I think you are wrong Kev.
Roof was attacked by his FOREMAN who is a direct rep of the company.
Yes,workers comp takes care of the injury(usually have to sue them to even get what's owed you) but workmans comp has NOTHING to do with a company rep attacking you.
Roof,get a lawyer and let him deal with it...you better do it quick because of the statute of limitations.Most attorneys will take a case like that for a percentage and no upfront money.Look for one in the yellow pages that specializes in workers comp cases...he can deal with the whole ball of wax...the company,your foreman and workers comp.
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,766,887 times
Reputation: 3587
Quote:
Originally Posted by muleskinner
I am not an attorney either,but I think you are wrong Kev.
Roof was attacked by his FOREMAN who is a direct rep of the company.
Yes,workers comp takes care of the injury(usually have to sue them to even get what's owed you) but workmans comp has NOTHING to do with a company rep attacking you.
Roof,get a lawyer and let him deal with it...you better do it quick because of the statute of limitations.Most attorneys will take a case like that for a percentage and no upfront money.Look for one in the yellow pages that specializes in workers comp cases...he can deal with the whole ball of wax...the company,your foreman and workers comp.
I agree I woukd get an attorney like today if I were him. But he too is a rep of the company which kind of puts him on an even footing with the foreman. The fact that the foreman is a represenative of the Management might be a factor but he will still have trouble recovering anything unless the management of the company tolerated such behaviour. Most companies strictly prohibit managers from using corporal punishment on employees and they usually fire such people. So the company is going to say they are still immune for the actions of the employee which violated the policies and regulations of the company. Of course, if they have not fired the foreman, then they may have a big problem.
Location: Democratic Peoples Republic of Redneckistan
11,078 posts, read 15,082,780 times
Reputation: 3937
Quote:
Originally Posted by KevK
I agree I woukd get an attorney like today if I were him. But he too is a rep of the company which kind of puts him on an even footing with the foreman. The fact that the foreman is a represenative of the Management might be a factor but he will still have trouble recovering anything unless the management of the company tolerated such behaviour. Most companies strictly prohibit managers from using corporal punishment on employees and they usually fire such people. So the company is going to say they are still immune for the actions of the employee which violated the policies and regulations of the company. Of course, if they have not fired the foreman, then they may have a big problem.
Here's WHY I am saying what I am...I have both worked with my tools and supervised on some major construction projects(powerplants,industrial plants,utility construction etc).
I know on jobs that I was a superintendent,general foreman or foreman on company lawyers would meet with us prior to starting(pre-job conference where company/union leaders and craft supervisors get the game plan together)...we were TOLD,not asked,to not so much as cuss in front of an employee,much less touch them....I was told that I was not allowed to even clap an employee on the back or anything because as a direct rep of the company ANY actions I took were the actions the company took in the eyes of a jury...I was not just told this on one job by one lawyer or project manager representing one company...I was told this over and over again in dozens of different states while working for several different companies.
If that company failed to fire that foreman instantly,I'd say Roof will DEFINATELY get compensated.I'd say he get's compensated regardless,but if they failed to fire that foreman not only did they have an idiot working for them,but they condoned it by not firing him and having criminal charges brought against him.
Thanks 2 all of u 4 your reply's and suggestions.Here is a little more info...As you could guess from my name I am; well was a Roofer and thus the attack was up 8strs on a roof,and I was working over a 5'*4' vent shaft that went strait down to the sub-basement 10 floors below.Also I do have a Lawyer tho he was not my choice.my 1st lawyer(who was great)left Law 6 months back.B4 he left he filed 4 double comp on the grounds that my Employer(thru the foreman's actions)created a situation where Death or Serious harm could/did happen.If the Judge agrees my comp ben would double.What I would like to know is if I should go after the Foreman civilly?This is going on 2yrs is that to late to bring a civil suit?Oh yeah,the Foreman was NOT fired but rather laid-off about 5mths after assult along with the only witness a co-worker.Thanks again.PS Muleskinner u make a great point about how my company not only should have fired him but had em arrested! I will make it a point with my Lawyer.TY
Location: Democratic Peoples Republic of Redneckistan
11,078 posts, read 15,082,780 times
Reputation: 3937
Quote:
Originally Posted by Roof-D-Roof
Thanks 2 all of u 4 your reply's and suggestions.Here is a little more info...As you could guess from my name I am; well was a Roofer and thus the attack was up 8strs on a roof,and I was working over a 5'*4' vent shaft that went strait down to the sub-basement 10 floors below.Also I do have a Lawyer tho he was not my choice.my 1st lawyer(who was great)left Law 6 months back.B4 he left he filed 4 double comp on the grounds that my Employer(thru the foreman's actions)created a situation where Death or Serious harm could/did happen.If the Judge agrees my comp ben would double.What I would like to know is if I should go after the Foreman civilly?This is going on 2yrs is that to late to bring a civil suit?Oh yeah,the Foreman was NOT fired but rather laid-off about 5mths after assult along with the only witness a co-worker.Thanks again.PS Muleskinner u make a great point about how my company not only should have fired him but had em arrested! I will make it a point with my Lawyer.TY
Me personally,I would smoke your foreman in court and love every second of it.I suspect your lawyer is second rate if he has not already filed against your foreman.
And my reasons may be different than your's for that tho'....IMO the laws are so unfair towards the victim these day and favor the criminal....imo YOU should have been allowed to heal up,go get a baseball bat and tear him in half for the attack with no reprecussions from the law IF it was an unprovoked attack,(I'm only hearing your side.),but since that is not legal then MAKE the legal system take care of you like they say they will.Demand justice.
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Legal advise...please help
Demand justice.
