I assure you that I would not post such information if I had one bit of doubt about this being true. It may be dependent on your state and I forget what it is called, but defense can use it to strong arm plaintiffs, and it CAN Happen. I also agree it is very unlikely. If for some reason you loose a suit in front of a jury, then they can CLAIM it is fabrication and ask a judge for that relief and it DOES happen. But also, you can't get blood out of a turnip.
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Lawsuit...would You Do It Again?
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PointlessExistence
Silver Member
We can't post links here, but you can google whether the losers have to pay. You'll see that it doesn't happen in personal injury. In fact, when it is alluded to it is specifically said that the plaintiff's lawyer can be held responsible for bringing a frivolous lawsuit, not the plaintiff himself. If you can find any court case anywhere online that mentions a personal injury plaintiff being held responsible for the defendant's attorney fees, let me know.
Yet even if you could, it would have nothing to do with this case here. This isn't someone who said she broke her back and then is secretly videotaped bull riding. That would be the black-and-white type of fraud needed for it to be even entertained that the plaintiff would be responsible for the defendant's attorney fees. In this instance, with all the surgeries and therapy, there is zero chance that the plaintiff would have to pay the defendant's attorney fees if she loses. You may think I'm being argumentative, but suggesting she may have to pay the defendant's lawyer fees (up to 50k) was very wrong and could have changed her mind about filing a suit. That was dangerous misinformation.
Yet even if you could, it would have nothing to do with this case here. This isn't someone who said she broke her back and then is secretly videotaped bull riding. That would be the black-and-white type of fraud needed for it to be even entertained that the plaintiff would be responsible for the defendant's attorney fees. In this instance, with all the surgeries and therapy, there is zero chance that the plaintiff would have to pay the defendant's attorney fees if she loses. You may think I'm being argumentative, but suggesting she may have to pay the defendant's lawyer fees (up to 50k) was very wrong and could have changed her mind about filing a suit. That was dangerous misinformation.
PointlessExistence
Silver Member
It's not about having the last word. It's about not wanting someone to base a decision on wrong info. You gave the OP a lot of info and advice. The part about the possibility of being on the hook for the attorney fees didn't seem correct. It seemed contrary to everything I had come to know. Therefore I looked it up. I searched the internet looking for cases where the plaintiff had to pay the defendant's attorney fees. It happens, but I see none that are personal injury or malpractice cases. They are contract law or civil discrimination type cases, because the law specifically spells out that these cases the defendant can pursue attorney fees.
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Sideways
VIP Member
For what it's worth, a lawyer agreeing to take a personal injury case "no win, no fee" doesn't mean you have a good case (or a good lawyer).
All it means is that the lawyer considers that a settlement is more likely than not, and that if it settles, the lawyer stands to make a profit.
All it means is that the lawyer considers that a settlement is more likely than not, and that if it settles, the lawyer stands to make a profit.
I agree Ragdoll, I also hear the OP wanting to find justice, not just some cash that has been lost due to the acts of the doctor.
@aut555-I understood the OP to ask if others have been involved in lawsuits and if it had a negative effect on their ptsd. I was pointing out the reality of mine, and as a matter of fact, even though I was assaulted in my own home, which resulted in 50K in medical bills and ptsd and had proof, I had a small town crap attorney and the defendants hired a high profile firm. They in fact threatened what I stated, so I know it is correct. I was forced into a settlement. No justice was served except, that which I am grateful for, the cop will no longer be able to be certified because of multiple people which includes myself.
I don't have a dog in this fight. I added that my response may seem harsh, but is nothing compared to that which one might face in a lawsuit. I had to do this and in a way, have no regrets, but really Karma would have taken care of things without it costing me the last bit of my life. It was not worth the 7 yrs of my life that it ate up. Was not worth loosing 50K per year in wages, health, mental health, family. Mine caused ptsd so maybe it was different, I don't know, that is for the OP to figure out. I just gave my experience. Not intended to sway outcome and only to prepare for.
@aut-again, first you said it isn't so, now rarely. I have not desire to argue about such nonsense. If you were an attorney you would know the answer and not be googling it, and if you have to google it, I think your time would be better spent elsewhere. I don't have the energy for such immature nonsense when people just want to argue about the size of a meatball. Sorry, too old for this.
@aut555-I understood the OP to ask if others have been involved in lawsuits and if it had a negative effect on their ptsd. I was pointing out the reality of mine, and as a matter of fact, even though I was assaulted in my own home, which resulted in 50K in medical bills and ptsd and had proof, I had a small town crap attorney and the defendants hired a high profile firm. They in fact threatened what I stated, so I know it is correct. I was forced into a settlement. No justice was served except, that which I am grateful for, the cop will no longer be able to be certified because of multiple people which includes myself.
I don't have a dog in this fight. I added that my response may seem harsh, but is nothing compared to that which one might face in a lawsuit. I had to do this and in a way, have no regrets, but really Karma would have taken care of things without it costing me the last bit of my life. It was not worth the 7 yrs of my life that it ate up. Was not worth loosing 50K per year in wages, health, mental health, family. Mine caused ptsd so maybe it was different, I don't know, that is for the OP to figure out. I just gave my experience. Not intended to sway outcome and only to prepare for.
@aut-again, first you said it isn't so, now rarely. I have not desire to argue about such nonsense. If you were an attorney you would know the answer and not be googling it, and if you have to google it, I think your time would be better spent elsewhere. I don't have the energy for such immature nonsense when people just want to argue about the size of a meatball. Sorry, too old for this.
I am sorry, l didn't Google anything, l think you have me confused with someone else. I handled things for a doctor, so my knowledge is firsthand. But l believe that your experiences are very valid. People have no idea how twisted the legal system is , and everyone is protecting their livelihood with no regards to ethics or justice. It gets down to who you know and how much money you have. So l think your story needed to be heard here. It's hard to heal from what you went through. Sending a peace basket filled with acceptance, l too have walked a difficult path and gave up everything for 20 years of my life through no fault of my own. But l have chosen to move on.
Pointlessexistance googled it, not me.
aut555-I am so sorry. I looked at the "like" at bottom of post instead of poster. I really apologize.I am just trying to be honest, and not get too invested in stuff like this, where people want to debate what you say as fact, splitting hairs. I love this site and their is so much good stuff. I saw this thread and could relate so much to the injustice, but didn't mean any harm for anyone.
I am also sorry for the difficult path you have walked and the 20 yrs lost. I know that you do know what that feels like then. It is not that my story needs to be told here so much as it is hard to explain how unjust the system is without some amount of information as to why one feels that way.
For me, if I knew, if someone had warned me (I think they did), I would have proceeded anyway, which I assume the OP will do as we often seek some information and sift thru it all to find what is right for us. I did what was right for me at the time. If one of my daughters were in the same situation, my advice would be much stronger and different than what I did, particularly after my own experience.
You are right. It is not about justice. I find that most of our systems are broke.(mental health, justice, juvenile, etc ) It is all about who can afford the best attorney in the legal arena. Unless of course the case is hands down, on surveillance video. Before they produced the video in my case which was almost 2 yrs, they sent form after form, what was I wearing, what shoes, did I have anything to drink, how much, where, with who. Who was I with from 6 am till 11 pm when the accident happened.....the next day....the day after.... They wanted to know if I farted that day basically. They are fishing to use anything you say against you. My neurologist wanted me tested for MS during all of this but told me off the record that he wanted to wait because they would blame the fall on MS if I had it, all the while they had the video that showed them at fault. They were the "kind" ones though. They knew they had to settle,it was just for how much, as they knew- it was me who was starved out after nearly 3 yrs. That is how it works, and that is a good scenario for the plaintiff.
Again, I am very sorry. I think I am too tired to be posting. lol
I am also sorry for the difficult path you have walked and the 20 yrs lost. I know that you do know what that feels like then. It is not that my story needs to be told here so much as it is hard to explain how unjust the system is without some amount of information as to why one feels that way.
For me, if I knew, if someone had warned me (I think they did), I would have proceeded anyway, which I assume the OP will do as we often seek some information and sift thru it all to find what is right for us. I did what was right for me at the time. If one of my daughters were in the same situation, my advice would be much stronger and different than what I did, particularly after my own experience.
You are right. It is not about justice. I find that most of our systems are broke.(mental health, justice, juvenile, etc ) It is all about who can afford the best attorney in the legal arena. Unless of course the case is hands down, on surveillance video. Before they produced the video in my case which was almost 2 yrs, they sent form after form, what was I wearing, what shoes, did I have anything to drink, how much, where, with who. Who was I with from 6 am till 11 pm when the accident happened.....the next day....the day after.... They wanted to know if I farted that day basically. They are fishing to use anything you say against you. My neurologist wanted me tested for MS during all of this but told me off the record that he wanted to wait because they would blame the fall on MS if I had it, all the while they had the video that showed them at fault. They were the "kind" ones though. They knew they had to settle,it was just for how much, as they knew- it was me who was starved out after nearly 3 yrs. That is how it works, and that is a good scenario for the plaintiff.
Again, I am very sorry. I think I am too tired to be posting. lol
Make sure you have a lot of support... their lawyers will bring up anything they can find to make you look bad. It took a toll on me. Also, in my effort to "prove" I was mentally injured, I think that held back my recovery for some time. Then suddenly it was over and I got a check and I really had no plans, mostly because I had no idea how long it would take and I ended up living off the money for awhile and then it was gone. If I could do that part over I would save and invest and get back to work on a source of income quicker. Money goes fast and when its gone its gone and regret sucks.
lostforgottensoul
VIP Member
Yes you can, new members cant for a very short time due to spam.
I agree with many but @JP Bailey makes very good vaild points. Have a good lawyer, a good therapist, good support, and a good handle on how you will handle things when all of your "junk" is being picked through and picked apart and likely used against you. Talk throughly with your therapist on how you will handle each senario that can happen and have a plan on how this won't stall or slow your own healing.
Best advise I can think of.
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