A race on the fields

I recently heard a story on the radio about a woman and her young son who were kicked off a bus because the boy had a very smelly diaper. They were on their way to the pediatrician because the child had a stomach virus. The bus company defended the driver’s actions, stating that he acted in the interests of the safety and comfort of the other passengers, who had complained about the smell.

While I can sympathize with both sides of this story, and with the mother’s comments that being thrown off the bus made her feel like shit (properly stated), I don’t sympathize with the mother’s next statement that she was going to sue. Of course she’s going to sue. Every day we lawyers hear from people who want to sue a person, company, school, government entity, etc., etc. The rallying cry of these people is that something is unfair and that someone or some institution should be sued. Some of these people promise that the lawyer will win millions of dollars on your case, if the lawyers first provide their services for free and bear huge costs.

In addition to the substantial costs to file and defend a lawsuit, which is one of the main reasons most cases settle before trial, there is also the strong possibility that one party may lose. Regardless of how wonderful one’s case may seem, there is still only a 50% chance of winning. And sometimes, if one loses, filing fees and legal fees from the opposing party’s attorney are added. Even if one wins, the other side can appeal 1, 2, or 3 levels higher in the legal system, leading to even higher costs and a longer time to make a decision. This can often span years. The justice system is not for the faint of heart or the poor of money. But, more importantly, everything that happens does not always have a legal remedy, and even if it does, that remedy often requires specific elements to be proven. And even if the specific items are tested, it does not mean that there is valid harm. Unless the mother named above can prove that her son’s illness got worse after he was kicked off the bus, or that he couldn’t get on another bus or find other transportation he could take to see the doctor, I think he’s going to have a hard time. . time as long as she has suffered damages. That doesn’t mean the bus company won’t pay her something to avoid unwanted media attention and her inconvenience.

But I don’t get the feeling that your main interest is to prove your case; instead, his main interest is to call the media to express his outrage at his situation, which he obviously feels outweighs the rights of other passengers to enjoy their trip and not be exposed to disease.

There have been several cases that I have turned down where large verdicts were decided after other attorneys accepted the cases. However, all of these verdicts were substantially reduced or vacated after 5 to 10 years of litigation. Lawyers generally rely on their guts in cases where they will succeed, and while some people criticize lawyers for dissuading them from waging a disastrous legal battle, having fallen off the legal cliff, hopefully they will learn to respect people’s opinion. who struggle in the legal fields on a daily basis.