next time - let the guy drown

17 Mar 2014 20:11 #21 by navycpo7
Just maybe, should be looking at the lawyer. This guy most likely knows very little of laws etc. Looks to me like a lawyer chasing the ole ambulance.

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17 Mar 2014 20:38 #22 by Venturer
Wow tough crowd. Doesn't the guy have a right to have his day in court? I hope none of you get left behind in an accident you didn't cause.

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18 Mar 2014 10:15 #23 by Engineer2207

GreatGran wrote: Wow tough crowd. Doesn't the guy have a right to have his day in court? I hope none of you get left behind in an accident you didn't cause.



RRRRRIIIIIIIIGGGGGHHHHHTTTTTT. :sarcasm:

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18 Mar 2014 11:31 #24 by Reverend Revelant

GreatGran wrote: Wow tough crowd. Doesn't the guy have a right to have his day in court? I hope none of you get left behind in an accident you didn't cause.


Show me where anyone in this thread said he doesn't have a right to his day in court? Go ahead. I'll wait.

Waiting for Armageddon since 33 AD

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18 Mar 2014 12:39 #25 by Nobody that matters
Since he's an illegal alien, I'm thinking that first the courts need to calculate how much taxation he's avoided by not becoming legal in the 17 years he's been at the same job. Take that of the top of any award he gets from his lawsuit.

"Whatever you are, be a good one." ~ Abraham Lincoln

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18 Mar 2014 13:06 #26 by Blondie

Nobody that matters wrote: Since he's an illegal alien, I'm thinking that first the courts need to calculate how much taxation he's avoided by not becoming legal in the 17 years he's been at the same job. Take that of the top of any award he gets from his lawsuit.


Well there is the rub, if he is undocumented, was his 17 year employer withholding taxes? Isnt the employer breaking some sort of laws for employing him? I do not know the answer to this, thus the question. But since they are asking 500,000 there is plenty of wiggle room to pay back taxes and get him some pain pills and sleep aids.

It just does not make sense.

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18 Mar 2014 13:55 #27 by BuyersAgent
I thought the attorney did a crappy job of explaining why the notice was filed and should have said something more like:

"My client made a claim against the guy who pushed him into the water. That person said at least part of my client's damages were caused by somebody else, specifically the first responders. Just in case they won on that argument someplace down the road, I had to file a notice of a potential claim against the government because there is a short 180-day window in which to send it, no matter what the SOL is to later bring the claim itself.

"The statute also requires that a party specify how much money the potential claim is worth so like most other people filing these notices, I typed in the maximum the statute would allow.

"I just didn't want to get sued later for letting the 180-day period lapse so I sent the notice to keep the potential open, that's all. Not only does my client not have to be a citizen to sue the other driver, but he doesn't have to be a citizen to sue me for malpractice either. By the time the pieces have fallen into place, it's too late to meet the 180-day deadline -- so many people file notices as a deadline placeholder, not because the target of their proceeding is the government, but in case it's later established that it should have been."

If you listen to the tape, you can sorta hear the attorney starting to "get there" but he never does: the real problem is that you have such a brief period of time in Colorado to tell the government that you may want to sue it later -- or be compelled to join them in a claim because someone else established liability on the government's part, in the process of defending themselves against you. It was merely a procedural step, in other words, necessary to preserve potential claims that otherwise can never be presented. Just my two cents.

Kathy G. Hansen
Broker/Owner
COLORADO HIGHLIGHTS REALTY
303-761-4046

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18 Mar 2014 14:30 #28 by ScienceChic
I can't remember where I saw it now, but a news story prior to the OP said that the guy who was suing really didn't want to, he just felt he had no choice because of the medical bills and that the rescuers knew about it and understood and were still glad they'd saved him and would do it again if given the choice. It also said something about his family members were trying to get hold of the rescuers and let them know where he was, and they felt that they were being ignored so that's some of the basis for this lawsuit. I wish I could find it now, as I might be remembering it wrong.

There's just something so wrong with our society that a.) one accident can cost so much for recovery and b.) a person feels "forced" to do this just to struggle to pay bills. He doesn't sound like he's out to try and get rich quick, or that he's happy about doing this to people to whom he is grateful for saving his life. It just sucks for everyone all around. Except the lawyer.

"Now, more than ever, the illusions of division threaten our very existence. We all know the truth: more connects us than separates us. But in times of crisis the wise build bridges, while the foolish build barriers. We must find a way to look after one another as if we were one single tribe.” -King T'Challa, Black Panther

The truth is incontrovertible. Malice may attack it. ignorance may deride it, but in the end, there it is. ~Winston Churchill

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18 Mar 2014 16:01 #29 by BuyersAgent
The guy will have to pay his medical bills out of any recovery he gets from the other driver (or whoever the liable party is found to be).
When Colorado lost no-fault benefits under their auto policies, they lost a LOT. Not just the right to have their own policies pay out for their own injuries no matter who was at fault (sometimes this is unclear, sometimes it takes a long time to figure out, and sometimes it was a little bit of both parties' faults), but also the dollars of medical and rehab care their policies afforded.
And you're right, SC: the attorney fees are usually a percentage of the gross amount recovered -- not what(ever) the guy will have left after paying his medical bills or reimbursing the health carrier that satisfied them.

Kathy G. Hansen
Broker/Owner
COLORADO HIGHLIGHTS REALTY
303-761-4046

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18 Mar 2014 16:52 #30 by Martin Enterprises
Obama will save his ass.

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