Question For Lawyers (Or Anyone)

[BFritz21]

(10-22-2019, 09:36 PM)fredtoast Wrote: And your claim that they could foresee this is also just an opinion.


In legal cases someone has to decide what the facts are before the law can be applied to the facts.  You may believe that the jury is wrong (and sometimes they are) but in the eyes of the law the decision of the jury is the facts.

12 people listened to all the evidence and they disagreed with your opinion.

Incorrect.

A judge made the decision based on evidence, which all pointed to their at least being a possibility that he would drive.

The judge had a preconceived notion of what had happened before everything (he would have heard about it within an hour of it happening, and it was most likely more like 20 minutes, tops) was discovered and he also had a preconceived negative opinion of me.  He had also seen all three of us that day.  

(10-22-2019, 09:58 PM)HarleyDog Wrote: You say "NO." But then follow up with "They didn't offer much." So I'm going to assume an offer was made.  Ok, I just went through a major trial which involved 4 million and possible punitive damages. So you were offered something which you thought was minimal and decided to fight. Insurance companies try to settle without going to court because a jury verdict can be devastating with punitive damages when the policy holder tenders the policy, which it sounds like this might have, or could have been the case. If I'm wrong, please correct me. If you chose to take your case to court, then that's a decision you pretty much have to live with. A judge will normally go with the jury because, well, if he doesn't, we have a failed judicial system. However, I'm pretty sure your lawyer should have made this clear, knowing all the facts, and suggested to take the offer if he thought there was a chance he/she couldn't win. 

Brad, you got in that car knowing everything you know, and you knew that beforehand. As much as I'm sorry for what you are going through, there were so many bad decisions that night, which touched a lot of lives in more ways then one. It's so devastating and I'm so sorry for what you and everyone else has been through. However, when a case goes to trial and a jury comes up with a decision, it's close to impossible to get a different verdict without new facts that the other wasn't aware of in the first trial.

Your very passionate and if there is more out there that was not presented, then I hope it get's presented. Good luck friend.

We were 15 and he hadn't been drinking yet and I had no way of knowing he'd go speeding through the cemetery.  

In fact, I actually wanted to leave the cemetery to go get my girlfriend and he did a 180 and took us speeding through the cemetery without my permission.