I just totaled my truck....What is my play?

[Wired Jokers]

I honestly don't know what to make of all the replies in this thread, advising you to get a lawyer because "you will be getting new truck" or "having a big payday" or "Walmart will be throwing money at you."

What a joke.

I'll chalk it up to the inexperience on this board in dealing with the law in the real world. Guys, the key to any lawsuit can be summed up in one word:

DAMAGES

Without them, you can have the greatest case in the world, but so what? What is a judgment going to give you, aside from some sort of sick satisfaction after 2-3 years of litigation? Companies, especially multi-national corporations, don't give money away just because they might be liable. They become willing to negotiate if the threat of large awards becomes significant, which come from having damages.

The facts: this truck had 250,000 miles on it. I will assume it was in "fair" condition. Kelly Blue Book lists it at around $1,500. That is probably being generous, given the fact you are using it to "haul garbage" and the like. Also, thankfully you were not injured, and hopefully you will not have any lingering after effects from your accident. I would keep an eye on that part, if I were you.

So, in short, go talk to a personal injury lawyer very soon. Depending on the statute of limitations in your state, you most likely have one or two years from the date of the accident to file a lawsuit, if that is what it boils down to. Speaking to a lawyer won't cost you anything. There is more likely than not a provable case of negligence here (duty, breach, causation and damages). But the damages portion is probably going to make this case cost prohibitive for any lawyer to take and file this case on a contingency basis.

Did you have insurance on the vehicle?

And yes, I am a lawyer. I do personal injury work. I sue companies all the time. And no, given these facts, I wouldn't touch this case with a 10-foot pole, due to the cost-benefit ratio that exists here.

NOTE: For a variety of reasons, I am not going to give any further advice in this thread on "what to do" aside from what I have already stated. I hope you understand.

[tuq]

Big Steve,

At no point was I implying any hijinks on your end, I was just thinking out loud about potential sabotage that could result in a similar situation.

As for your other accidents, are you able to/intersted in elaboration? That pretty much sucks, and it appears your luck is far worse than most (you pluralized "accident" and "settlement").

-- tuq

[dogdrool]

Even though I said something to the effect of "make out your shopping list" I like your reply.

Still, I'd like one of those lawyers like Jim Skolov that advertises on late night TV to represent OP. Then I'd like a full trip report on how they assigned one of the Wal-Mart greeters to be his butler for a week.

[jws43yale]

You should see a lawyer, but if you go to one of those crooked ambulance chasing personal injury lawyers, you should be shot.

[Big Steve]

[ QUOTE ]
Big Steve,

At no point was I implying any hijinks on your end, I was just thinking out loud about potential sabotage that could result in a similar situation.

As for your other accidents, are you able to/intersted in elaboration? That pretty much sucks, and it appears your luck is far worse than most (you pluralized "accident" and "settlement").

-- tuq

[/ QUOTE ]

Accident #1

Prison Perimeter Guard--I worked at a maximum security prison and had a .357 Magnum round accidentally discharge into my right leg. I sued the prison, and the gun manufacturor. #1 The prison due to the fact that they were short handed and there was no armory officer on duty. So I was not issued my "Left Handed" holster and had to make due with the "Right Handed" one. #2 The maker of the gun, it was a double action revolver so you can cock it and then pull the trigger to release the firing pin or you can just pull the trigger and release the firing pin, but you SHOULD NOT be able to put the gun in the holster and catch the hammer on the button snap and it release the pin.

#2 Car accident that put me in a wheel chair that I sued the Department of Transportation for. They did not mark or stripe a newly paved road when I was hit head on. You can find all the details in OOT, I think it was called "WTF Big Steve in A Wheelchair"

I got paid nicely for both.

Big Steve [img]/images/graemlins/cool.gif[/img]

[By-Tor]

[ QUOTE ]
Prison Perimeter Guard--I worked at a maximum security prison

[/ QUOTE ]

I just don't know where to begin...

[img]/images/graemlins/grin.gif[/img]

[jbrent33]

I think you should call Dickie Scruggs

Sounds like he might like a crack at Wal-Mart.

[Big Steve]

[ QUOTE ]
[ QUOTE ]
Prison Perimeter Guard--I worked at a maximum security prison

[/ QUOTE ]

I just don't know where to begin...

[img]/images/graemlins/grin.gif[/img]

[/ QUOTE ]

Yeah go figure, the big sissy queen has a degree in Criminal Justice and was a Bad Ass C.E.R.T. officer who wore something like this to work....


Big Steve [img]/images/graemlins/cool.gif[/img]

[MrMon]

[ QUOTE ]
I honestly don't know what to make of all the replies in this thread, advising you to get a lawyer because "you will be getting new truck" or "having a big payday" or "Walmart will be throwing money at you."

What a joke.

I'll chalk it up to the inexperience on this board in dealing with the law in the real world. Guys, the key to any lawsuit can be summed up in one word:

DAMAGES

Without them, you can have the greatest case in the world, but so what? What is a judgment going to give you, aside from some sort of sick satisfaction after 2-3 years of litigation? Companies, especially multi-national corporations, don't give money away just because they might be liable. They become willing to negotiate if the threat of large awards becomes significant, which come from having damages.

The facts: this truck had 250,000 miles on it. I will assume it was in "fair" condition. Kelly Blue Book lists it at around $1,500. That is probably being generous, given the fact you are using it to "haul garbage" and the like. Also, thankfully you were not injured, and hopefully you will not have any lingering after effects from your accident. I would keep an eye on that part, if I were you.

So, in short, go talk to a personal injury lawyer very soon. Depending on the statute of limitations in your state, you most likely have one or two years from the date of the accident to file a lawsuit, if that is what it boils down to. Speaking to a lawyer won't cost you anything. There is more likely than not a provable case of negligence here (duty, breach, causation and damages). But the damages portion is probably going to make this case cost prohibitive for any lawyer to take and file this case on a contingency basis.

Did you have insurance on the vehicle?

And yes, I am a lawyer. I do personal injury work. I sue companies all the time. And no, given these facts, I wouldn't touch this case with a 10-foot pole, due to the cost-benefit ratio that exists here.

NOTE: For a variety of reasons, I am not going to give any further advice in this thread on "what to do" aside from what I have already stated. I hope you understand.

[/ QUOTE ]

Cliff's Notes Version: Sleaze-ball personal injury lawyer looking for an easy payday doesn't think Big Steve's case will be worth enough money for said sleaze-ball lawyer to waste his time with, as he only takes cases that result in mucho dinero to his wallet. In short, it's too bad Big Steve didn't burn in the fire, then he'd have something to work with.

[neuroman]

[ QUOTE ]
[ QUOTE ]
I honestly don't know what to make of all the replies in this thread, advising you to get a lawyer because "you will be getting new truck" or "having a big payday" or "Walmart will be throwing money at you."

What a joke.

I'll chalk it up to the inexperience on this board in dealing with the law in the real world. Guys, the key to any lawsuit can be summed up in one word:

DAMAGES

Without them, you can have the greatest case in the world, but so what? What is a judgment going to give you, aside from some sort of sick satisfaction after 2-3 years of litigation? Companies, especially multi-national corporations, don't give money away just because they might be liable. They become willing to negotiate if the threat of large awards becomes significant, which come from having damages.

The facts: this truck had 250,000 miles on it. I will assume it was in "fair" condition. Kelly Blue Book lists it at around $1,500. That is probably being generous, given the fact you are using it to "haul garbage" and the like. Also, thankfully you were not injured, and hopefully you will not have any lingering after effects from your accident. I would keep an eye on that part, if I were you.

So, in short, go talk to a personal injury lawyer very soon. Depending on the statute of limitations in your state, you most likely have one or two years from the date of the accident to file a lawsuit, if that is what it boils down to. Speaking to a lawyer won't cost you anything. There is more likely than not a provable case of negligence here (duty, breach, causation and damages). But the damages portion is probably going to make this case cost prohibitive for any lawyer to take and file this case on a contingency basis.

Did you have insurance on the vehicle?

And yes, I am a lawyer. I do personal injury work. I sue companies all the time. And no, given these facts, I wouldn't touch this case with a 10-foot pole, due to the cost-benefit ratio that exists here.

NOTE: For a variety of reasons, I am not going to give any further advice in this thread on "what to do" aside from what I have already stated. I hope you understand.

[/ QUOTE ]

Cliff's Notes Version: Sleaze-ball personal injury lawyer looking for an easy payday doesn't think Big Steve's case will be worth enough money for said sleaze-ball lawyer to waste his time with, as he only takes cases that result in mucho dinero to his wallet. In short, it's too bad Big Steve didn't burn in the fire, then he'd have something to work with.

[/ QUOTE ]
Here is how the real world works. Sh1t happens all the time. Much of it is legal grounds for a lawsuit. But unless the damages are significant, it's not worth pursuing. For example, your neighbor's kid throws his baseball through your window. It costs you $100 to replace, and the kid's dad refuses to pay. Are you going to take the time to sue the dad in small claims court (without a lawyer) for $100? No. You are going to lump it, pay the hundred bucks and get on with your life.

The same principle operates in lawsuits with a lawyer. If the potential damages are too small, it's not worth the lawyer's time (and it's not worth the client's money) to pursue the lawsuit.

Big Steve should probably consult with a lawyer to talk about his options, but in the end he may just have to pursue the matter in small claims court as it may not be worth a "sleazebag" lawyer's time to instigate a lawsuit against walmart for $1500.