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Frivolous Lawsuit Trends Fall BackTim King Salem-News.com
Lawsuits and attorneys are part of the national landscape. People should assert their legal rights as Americans
(SAN DIEGO) - A trend developed across the US during the Bush years that touted "frivolous lawsuits"; many recall this period and political climate which discouraged people from filing a law suit even when they totally deserved to be compensated.
The lady burned, or more properly scalded by hot coffee at McDonald's, Stella Liebeck of Albuquerque, became a center-point discussion as Americans tended to classify the hot coffee law suit as a sham. A review of the case shows it was anything but that.
I wrote about the story in 2011 when a documentary called Hot Coffee was released.
It has been routinely cited as an example of how citizens have taken advantage of America’s legal system, but is that a fair rendition of the facts?
Hot Coffee reveals what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end. After seeing this film, you will decide who really profited from spilling hot coffee.
Steven A. Elia, a personal injury attorney San Diego, explains, " The term “personal injury” is a blanket term used to describe any injury to an individual. In legal terms, personal injury is used to refer to injuries caused by the negligence or lack of care of another person."
Elia says negligence is an important factor for attorneys considering taking a case. It generally means the individual injured can sue for compensation (damages) related to the costs of their injuries. Other points an attorney will raise on behalf of their client include time lost from work, pain and suffering, and more.
"This can help offset the financial and emotional trauma that often occurs to the victim of an injury that was not their fault," Elia added.
The bottom line is that Americans have a right to sue those who harm them. Sadly, this right does not extend to US military Veterans, they are blocked from suing the US government by something called the The Feres Doctrine.
Civilians should utilize their rights. Citizens have a right to take action or a sue another party brought before a court, in order to recover a right or redress a grievance
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