Sunday, March 5, 2017

The Power of Money (Part II)

What can we learn from these statics? Over half of all cases are frivolous. Furthermore, the frivolous lawsuit rate is backed up by the fact that nearly 80% of the lawyers in the world reside in the U.S. (they have to create cases to make money). Less than 15% of the cost of all tort cases is awarded to the litigant. Over 75% of the American population believes the legal system makes it easy to make invalid claims and therefore believe the entire system needs to be overhauled. Too many people view suing as a “get rich quick scheme”. Unfortunately, justice is never served in civil cases because payments made for damages are more than likely made through insurance companies. This means everyone is footing the bill, not just the guilty, through higher insurance premiums.

It is odd that people can sue because they believe their character has been defamed or deceived. Everyone’s character is defamed at some point or another in their lives. Some people who have been defamed will ask for astronomical compensation for damages they claim to have caused them a “great deal of mental anguish”. The bar is too low to meet a “great deal of mental anguish”. How can someone determine or measure the extent of the mental anguish someone is suffering? If a person can prove that their anguish or suffering meets those of a combat veteran, then they have a case. If not, they have no case. A veteran is guaranteed nothing after service: no job and not even decent healthcare. Can someone top that metal anguish or suffering? We are turning into a society of wimps who have absolutely no idea what it means to be in pain, to suffer, or to have mental anguish. Unfortunately, a great many of Americans are so narcissistic that they cannot place themselves in the shoes of another person who is really suffering.

If someone’s character has been unlawfully defamed or deceived but does not meet the “great deal of mental anguish” criteria then the guilty party should still be held accountable. They should be fined and or suspended from their organization, group, or company without pay. They should have a permanent record making further employment or participation in an organization, group, or company doing a similar task difficult. Justice should be served on the guilty party, not on the institution they are associated and their large liability insurance potential. Also, the law offices in losing cases representing plaintiffs should be responsible for court costs to prevent frivolous lawsuits.

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