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MURICA15980 Posts
Back in January 2004, my brother and I took a trip up to our old home town for a winter vacation. Needless to say, while we were there, it snows about 12 inches, and kept snowing. The break was nearing its end and we needed to get home to go to school... so we attempted to drive home on about 4 inches of pure ice without chains. Yeah, apparantly it is harder than it looks because we soon understeered severely at a moderate cornor and hit a truck.
Anyway, those bastards are suing us now. Heres why:
"That as a direct and proximate result of the negligence of the Defendants, Samuel Kim (my bro-driver), Sung Kim(dad-was not in car), and Yong Kim(was not in car) and each of them, the Plaintiff has sustain, incurred, experienced and suffered, and in the future will sustain, incure, experience and suffer; pain and suffering both physical and mental, bodily disability and impairment; medical expenses, loss of earnings and earnings capcity; and loss of ability to live and enjoy a normal life, all to him grave monetary damage."
Hahaha, at first I found it hilarious, but now I'm angry. We barely hit them, and thing is, they were in a HUGE truck and we were going AT MOST 20 mph (probably 15ish). Our Hyundai was heavily damaged on the front but their truck looked like it had just decided to park on the side of the road -- I didn't see a single dent on it. On top of that, the first words the woman said to me as I stepped out of the car was "DO YOU GUYS HAVE INSURANCE?!" Yeah, obviously she was in deep mental and physical pain and cared about our well being. Not even a "you guys okay?" first, but instead, she rolls down her window out of her high and mighty truck and screams BS.
I don't know how much they are suing for, as it just says "For the Plaintiff's resonable costs disbursements and for attorney fees incurred herin" and "For such other relief as to the Court seems just and equitable."
Such a waste of time to drive to WA just for this case. Waste of tax dollars, waste of time, waste of life. Hopefully they don't win, 'cause a friend lost a similar case for $50,000... : /
But anyway, any advice on how to approach this? Probably talk to lawyer soon.
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Yea... talking to a lawyer would be good.
Hopefully everything goes okay.
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talk to a lawyer
and do you have any pictures from the accident
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counter suit for legal costs.
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Well, let's see.
1.) They sue you two years later. So apparently they can endure two years of this "suffering" with no complaints.
2.) A compact hitting a truck at no more than 20 mph couldn't even cause whiplash. Suffering, my ass.
Frankly, they're full of shit. Get a good lawyer, and do your best to prove they're just digging for money.
Or countersue them for making you angry. That's unjust emotional scarring!
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pain and suffering both physical and mental, bodily disability and impairment; medical expenses, loss of earnings and earnings capcity; and loss of ability to live and enjoy a normal life, all to him grave monetary damage."
Maybe she popped a vein or got a hernia...otherwise this is total bullshit, no way the American legal system can fuck you down from here 
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MURICA15980 Posts
On March 14 2006 18:54 rpf289 wrote:
2.) A compact hitting a truck at no more than 20 mph couldn't even cause whiplash. Suffering, my ass.
It's total BS, obviously, but I'm afraid they might win. A good friend of mine was backing out of a parking spot in a PARKING LOT when he accidently hit a lady's car. Yes, he was going at most 5 mph, and there was barely a dent in either car. Months later, she sues him for whiplash and wins $50,000. Yeah -_-
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1-800-call-sam
"i won $3 million in a settle ment over a car accident!"
I guess that would help the plantiffs a bit more than you.
Just higher a kick ass lawyer, they dont have much of a case for reasons rpf stated.
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first of all stealth blue i never want to hear or read the word kittyloaf ever again
klogon if you do get a lawyer from the sounds of it the claims will be dismissed as bs,but then you'll also have legal fee's.counter suit? shrug
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Korea (South)1897 Posts
Yo, TAKE IT SERIOUSLY,
get the lawyer,
its doesn't matter how reasonable or insane a suit is,
or how obvious this suit is totally illogical.
take it seriously and try to write down everything that happened that day.
and dont' contact those fuckers directly first to work it out, they'll probably try to screw you worse.
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thats a prob in america. they couldnt try such shit in any other country :/
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On March 14 2006 18:57 Klogon wrote:Show nested quote +On March 14 2006 18:54 rpf289 wrote:
2.) A compact hitting a truck at no more than 20 mph couldn't even cause whiplash. Suffering, my ass. It's total BS, obviously, but I'm afraid they might win. A good friend of mine was backing out of a parking spot in a PARKING LOT when he accidently hit a lady's car. Yes, he was going at most 5 mph, and there was barely a dent in either car. Months later, she sues him for whiplash and wins $50,000. Yeah -_-
This happens a lot. My sister is paying a shitload in insurance for hitting some truck going like 10 mph, and the city worker driver is on disability for "neck pains." Lawyer up now, and don't go cheap.
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You can't counter sue for legal costs in America.
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Getting a good lawyer would be nice but getting a good judge would be better. For example, if you got stimey as the judge, he would probably screw you over. If you push to take this before judge Mathis, however, they will probably get thrown in jail and you will get paid. Get a good judge. Don't be afraid to pay for a good lawyer because these people are going to go all out on you.
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On March 14 2006 18:56 QuietIdiot wrote:Show nested quote + pain and suffering both physical and mental, bodily disability and impairment; medical expenses, loss of earnings and earnings capcity; and loss of ability to live and enjoy a normal life, all to him grave monetary damage." , no way the American legal system can fuck you down from here
Are you sure you live in america?
the legal system can fuck you over for dumber things than this.
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I do live in america, I'm just under the conservative influence that our legal system is the fairest of the fair, and just of the just...says my history book >_<
Someone go into specifics on what grounds klogon can get sued on? I'm curious.
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They were probably injured recently (of their own fault) and now want to pin the injuries on this accident.
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Someone was trying to break into another person's house, fell through the sky light, landed on knives, got cut up really bad, sued, and won
Don't try to argue that the legal system is fair
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This happened to my family and they sued for $1,000,000 in almost exactly the SAME conditions as you explained. I don't think you have to worry about it too much as long as you talk to a lawyer because it doesn't really go to court or anything. It is dealt with by insurance companies, etc. and they ended up getting$100,000! Insane. It's going to cost you some more insurance coverage but not exactly what they claim because insurance is there.
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Get a lawyer, don't fuck around with this.
Try to get legal fees back.
I'm sure your lawyer knows this, but you should try to get the case dismissed if at all possible.
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MURICA15980 Posts
That's still ridiculous though. I hate people like this...
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On March 14 2006 19:34 KOFgokuon wrote:
Someone was trying to break into another person's house, fell through the sky light, landed on knives, got cut up really bad, sued, and won
Don't try to argue that the legal system is fair You got that from "Liar Liar." 
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On March 14 2006 19:44 rpf289 wrote:Show nested quote +On March 14 2006 19:34 KOFgokuon wrote:
Someone was trying to break into another person's house, fell through the sky light, landed on knives, got cut up really bad, sued, and won
Don't try to argue that the legal system is fair You got that from "Liar Liar."
I've heard of that story before, never seen any proof of it being true though. Else people would be ramming their heads through peoples windows and sueing them all the time :/
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On March 14 2006 19:32 dronebabo wrote:Show nested quote +On March 14 2006 19:28 QuietIdiot wrote:
I do live in america, I'm just under the conservative influence that our legal system is the fairest of the fair, and just of the just...says my history book >_<
Someone go into specifics on what grounds klogon can get sued on? I'm curious. u need ur eyes opened
I'm gonna need a big ass wrench 
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Someone was trying to break into another person's house, fell through the sky light, landed on knives, got cut up really bad, sued, and won
Don't try to argue that the legal system is fair
There are a bunch of bullshit stories that people try to pass off as true on a regular basis because they don't know any better and take things they think they heard five years ago as truth.
This is one example.
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fine
you want a legit one?
the lady who got her legs burned by mcdonalds coffee because she put the coffee between her legs won hundreds of thousands of dollars
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ohh so that's why we have those "Caution: Content is hot" labels on those cups? Just an inference.
Hmm yes that is out of technicality, legally correct...wow..that is amusing :o
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On March 14 2006 19:55 KOFgokuon wrote:
fine
you want a legit one?
the lady who got her legs burned by mcdonalds coffee because she put the coffee between her legs won hundreds of thousands of dollars
That story has been misinterpreted so much ;P.
If I recall correctly, McDonalds was actually at fault, their coffee was way too hot.
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um wtf they can just sue you and force you to expend resources on a lawyer? if i were you i would try to do this as cheaply as possible, do they let you go to court w/o a lawyer in the states?
i would try going to the case without a lawyer and then if they win by some miracle then appeal and hire a lawyer...
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On March 14 2006 20:11 a-game wrote:
um wtf they can just sue you and force you to expend resources on a lawyer? if i were you i would try to do this as cheaply as possible, do they let you go to court w/o a lawyer in the states?
i would try going to the case without a lawyer and then if they win by some miracle then appeal and hire a lawyer...
It's America, people win for the dumbest shit ever .
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heres another true one.
a lady was walking in a store and tripped over a little girl who was gliding on those rollerskate type shoes. the lady sued the department store for a couple hundred thousand and won. the little girl was the ladies daughter.
i read this in a news paper.
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Among other things your lawyer should investigate whether or not they have been in any other traffic accidents. It almost seems that they were trying to cause an accident sitting there in bad conditions and eagerly reacting to the collision with concerns only of insurance.
Also, should investigate the hospital where their actual damages arise. Some cases are resolved with a dismissal and sanctions if it seems that hospitals exaggerate plaintiff's claims in anticipation of litigation. That seems most likely in this case. I highly doubt that the injuries from a 20 mph collision are enough to make it worthwhile bring this case to court.
Be wary of their attempts to settle with you. They may prey upon your fear of losing in a lawsuit when in actuality they have only very minimal damages. Your fear of "$50,000" could cause you to settle for $10,000 when they really only deserve about $500.
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Take this with a grain of salt. A lot of these "extreme lawsuits" are fabrications.
http://www.snopes.com/legal/lawsuits.asp
That said, what evidence, if any, do you have? (i.e. crash scene, after photos, etc.). I probably wouldn't have thought to take pictures but maybe you guys do? Either way, I'd need more details about the medical problems they claim to have. Couldn't hurt to at least talk to a lawyer though.
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On March 14 2006 22:33 Clutch3 wrote:Take this with a grain of salt. A lot of these "extreme lawsuits" are fabrications. http://www.snopes.com/legal/lawsuits.aspThat said, what evidence, if any, do you have? (i.e. crash scene, after photos, etc.). I probably wouldn't have thought to take pictures but maybe you guys do? Either way, I'd need more details about the medical problems they claim to have. Couldn't hurt to at least talk to a lawyer though.
That only details confirmed lawsuits... in fact, they have a section on these fabrications:
http://www.stellaawards.com/bogus.html
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always have a camera in your car for accident photos
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That's what megapixel cellphone are for.
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Sorry to hear that Klogon, but getting a lawyer is the worst idea possible because you'd end up losing money even if u won the case. just pray the judge will see the ridiculousness of their claims and dismiss the case by just issuing you a ticket... no chains in snow/ice yikes doesn't sound too good... good luck
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Dude, this isn't worth 50G risk. But then again, I dunno how much lawyers go for...
Wow, what a bitch... just hearing this makes me so angry.
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FrinkX got into 2 car accidents on the way to the WCG Miami event in 2004, while i was in the car.
It was all within a 50 minutes span of time.
Although they werent life threatening, I was terrified and was going to sue, except that he was my ride to and from the event, so I didn't want to ruin that.
And I'm lying about sueing him, cuz that would be funny yet sad.
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thedeadhaji
39489 Posts
You can counter-sue of sorts, citing "emotional and mental damage, stress, and inability to lead your regular life during the trial procedure times etc."
If it comes down to it, please keep this in the corner of your mind. I'm 99.9% sure that this claim is filable, and it'll cover at least your lawyer expenses.
(btw my father was getting charged from Hertz when he and a friend went on a trip to like Oregon and used a rental car. They didnt do anything to the car, but months later hertz wnated them to play several thousand dollars for damage to the car that was obviously sustained afterwards. Complete and absolute BS. Good thing my father's friend he was with is a lawyer -_-;;. He wrote an angry lawyer-like letter to them. They shut up after that)
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Well... I'll try to give a perspective response of what I can sense from my legal point of view.
I'm basing my opinion on my country's legal system.. and not on U,S.one which I don't know at all.
People can get sued even years after an incident and STILL remain the same importance to the commited crime, felony or other. This is basically due to the prescription time. In my country per example. I have 10 years to sue someone for murder, robbery, rape, and so on
Now, In law there's something we call, the evidence's principle or something like that (I'm sorry but I don't know this terminnology in english.). This means... "If I sue you for robbery, I have to submit enough evidence to prove you actually commited that crime". Its not you who has to prove yourself not guilty... Remember, you are not guilty until proven otherwise.
Now.. It is indeed, true that case of the man who break into a house and sued the owner of the house.. That sort of things happens even when it sounds "uncroyable". Let me picture it with another example: Years ago, a police officer shot a suspect who broke into a property when the man was supposedly going to open fire. The suspect (remember the statement above) sued the police officer and won. How come?... okey, something like this was applied. The officer didn't give enough time for the man to prove he wasn't invading the property and that he could be the owner. (this is a procedure issue) and then, the police officer was proven to shot the man WAY before the suspect tried to open fire. (no inminent peril at the moment of the detonation)... There are plenty more examples...
This is not a case worth to be taking into court for trial...(at least in my country, and I think that reasonable could be applied the same here).. This case is taken into an audience or something (again, sorry for my english).. This means there's a citation for both parts to show their evidence, witnesses and so on to the judge... (a sort of meeting with the 3 parts, where the judge here both arguments and using its own criticism decide the best for the case) (this in case you didn't understand the last part)... if this is your case.. then You for sure don't need a lawyer for representation but for legal counsel
-Now, I think you can't sue back at the moment because of the procedure, but in my country, if you win the audience, then you can sue the other part for moral damages and money innecesarily spent (just to prove you were INnocent) (you have the right to)...no one can damage your social image and all that...and you have the right to protect you against that kind of situation. But again, this is something the judge may decide straight in the moment, or you have to ask for it later.... (remember, you have the right to, perhaps at this moment aint the "time" allowed for it, but for sure you can)
-If any of you ask why this shit happen.. well.. People have rights to fight for whatever they want.. its a legal principle.. its during the process, where you have to prove it...but everyone can start a legal actions against anybody for any reason (Just remember the consequences of moral damages and so on)
-Now, if in your country, it is OBLIGED to use chains when driving on ice, then you might have a problem here.. due to the fact that you break a law and because of it you cause an accident (even when it wasn't that big...)
I really hope this post could help you a little.
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they are milking for all its worth.
20 miles per hour cant do shit.
you can hit someone dead on at 20 miles per hour and they wont be hurt that bad.
id say, break their legs with a basebal bat and give them something to sue you about.
if not, get a lawyer and take them down.
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United Kingdom10597 Posts
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Sweden33719 Posts
We're all living in America,
America is wunderbar.
We're all living in America,
Amerika, Amerika.
-_-
Best of luck klogon=_=
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Maybe you'll get torn a new one on Judge Judy =O
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On March 14 2006 23:57 Chibi[OWNS] wrote:
leave the country
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you will probably lose. not because you should, but because america has the shittiest legal system in the entire world
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if someone touched me and i sue them and come to court with a cast, its an automatic win.
but then again this was 2 years ago.... how the hell do they still have your information?
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On March 15 2006 02:11 FrozenArbiter wrote:
We're all living in America,
America is wunderbar.
We're all living in America,
Amerika, Amerika.
-_-
Best of luck klogon=_=
Haha, wunderbar of you to take that up FA :D
GL HF Klo
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i really didnt read it all but.. i saw "colliding at 20 mph couldnt cause whiplash.." lol 5 mph can.. bad too
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oh wack. the #1 guy (from the 2005 awards), chris roller, is from the same city where i've been living for the past 10 years.
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EPT
