Please explain a bit clearly - so that I may better assist you.
Thanks ~ Michelle
I appreciate you seeking my assistance in this matter. However, I am going to opt out and allow another expert to try to assist you with this - as it is out of my area of expertise. Thanks for your patience. Someone will be with you shortly.
Best ~ Michelle
The court is generally immune form civil law suits for mistakes it makes. However these mistatkes form the basis for appeals, and dismissal of complaints and cases.
The plaintiff should have filed an appeal, in my opinion, however he had the right to file a seperate suit in his own behalf, by himself or his attorney. I do not know all the sides of the argument, nor the painfull details of the court records on this case. But this tactic is done when the previous case is so damaged, that the attorney feels it is in his clients best interest to start new in a differnt court or with a different judge. There could also be jurisdictional issues of the court that required a new filing. Sometimes, in judges chambers, the judges refuse to hear and direct the plaintiff to file a new case. YES, this is all legal and falls within the judicial discretion relative to the law and legal precedence.
There is no statutory limit to the number of times a law suit can be filed for a particular issue, except that once a judgement has been made, there is no double jeapordy. New evidence and a new charge can afford the potential for a new law suit, as well. Fortunately, at some point, the judge (court) will simply refuse to hear anymore motions on the issue. The court will simply refuse to allow another law suit on the matter.
I have not heard anyting mentioned about arbitration. In many cases of this nature, the court sometimes directs the plaintiff and defendent to work it out with an arbitrator.
What seems like a mis-carriage or travesty of justice to us, is sometimes merely a full exercise of the othersides rights incourt and an exhaution of legal maneuvers to avoid an inevitable outcome. It could actually be a legal strategy of the otherside. It is already haveing an effect on you, for example. How is your resolve? Will you go the distance? Are you intentional enough? If the other side sences that you will fold or cave, they are going to continue to push. There is strategy to these kind of things.
In a recent cause of action by my attorney's in NJ, we strategized in this way. We did things and filed certain motions, to represent our resolve and send a signal to the other side.
Did your attorney for example, submit a summary judgement to the court. If not, please talk to him or her and find out why not.
Once a judgement is made, it is final. Double jeopardy is being sued or tried on the same exact charge twice. In a criminal case, if found innocent, then you are innocent, and can not be brought to trial on that same exact charge again. A new charge, yes, or even a new trial, if evidence has changed.
In civil cases, once a judgement is final from the court, that judgement stands. It can be appealed, but you cannot be sued for the same exact thing twice once the case has been setteled. There are exceptions for allowing re-opening of cases and new hearings of course. So if I sued for a broken leg today and got a judgment, then later on , I cannot come back and sue for that same broken leg. I can sue for exacerbation of the injury, I can sue for sequal, but not that same thing.
A summar judgement is where you and your attorney get a since of what you think a judgement will bring at trial. ONce submitted and accepted by the court, the other side has to agree to it and settle or not agree to it and move to trial or arbitration. The summary judgement signals to the other side what you think you should get for damages. If the other side refuses the summary judgment, and you are in trial, and the settlement is within a certain range of the jury or court judgement, then the other side has to pay all attorney fees and court costs for both sides.
Mediation is a good way of moving to closure. You do not have to accept the mediation recommendation, and it can be appealed.
I am surprised mediation was not part of the process early on. It would be a good strategy to do things in this order.
You can go into mediation now, but because you are already in court, this might signal that you are growing weary and your resolve is fading. You should however talk to your attorney about this. He may not agree with these stratgegies in your case. Howeve you did ask for alternatives.
Say your attorney says something to the other side like: You know bill, this is really racking up some large court costs and our clients are really suffering some large attorney fees. Your attorney proposes in language that does not use the word settle, that you will be willing to fore go trial for a price 20% higher than what you really expect. This would start a back and forth negotiation between attornies, where you get to say yes or no to the final offer, which would be somewhere near where you want to be.
It may be too late for a summary judgement, but you should discuss it with your attorney.
If your attorne thinks you might win on attorney fees, you should wait.
Use my email to have a discussion and exploration with your attorney. In this venue, I do not know enough detail from court documents to advice you to go for it or not. I am only giving you some ideas to explore. Trust your attorney. Remember, he gets paid on contingency. If you get attorney fees, they will be taxable income, but that will leave you with more of your personal injury award which is not taxable.
Thank you for the interaction,,,I enjoy it actually.
Jury trials are more expensive and drive up costs. They take longer. On the other hand, if you have a case where the jury may be sympethetic to your cause, you can do better with the Jury. However, somethings are really a waste of time to use a jury. Using my slip and fall for an example:
In Burlington County NJ, we are 65% military and verteran residents. The twomilitary posts provide a lot of sustennce to the community. It was determined that because the community favored military, that I would do well at trial, especially because I was a veteran. This has nothing to do with my case.
On the other hand, because of the nature of my injury,and my level of recovery, the case was not worth much more than 150,000. The arbitrator gave me 115,00. So when we had an offer on the table of 138,000, we decided the cost, and lenght of time to go for a jury trial was not worth the difference, espcially considering, that at trial, the court can award shared damages. So we setteled and did not even use a judge.
Shared damages are: When a jury is directed by the judge to assing responsibility. The jury can decide that because of something you did, did not do, or said, you are determined to be responsible in part for your own cause of action. So lets say you are determined to be 25% contribuing to your own situation.. perhaps it is simply a reluctance to arbitrate. The judgemen is a seperate entity for the court, in which you could share responsibility. That means that any judgement would be reduce by your percentage of contribution to the conditions. IN this example, a 100,000 judgement would be reduce by 25% for your contribution, to 75% from the other side, or 75,000.
I believe in your case that the attorney has doen the right thing taking it to the judge. Some case have a history of only returning a range of judgements, and the judge has this information at his disposal, and so he can render a fair and impartial decision based on the facts. A jury trial for some things will simply not return enough more to justify the time and expense. ( you are wanting this to be over, right?)
My only concern is that the attorney is not doing it on contingency. This sends a message to me, that your case may not be real strong. (I know, you have had a decision in your favor 3 times) If this is the case, it explains a lot. For weak cases, time is on your side. Memories fade and the momentum causes atttornies and insurance companies paying the claims to want to move on. If the other side is being covered by home-owners and liability insurance, the the insurance companies are more willing to move on with a settlement after thier loss recovery funds have earned sufficient interest, dividends and revenues to cover the losses.
Also, with the attorney working on a fee basis, the longer it takes the more money he gets. AT some point, if you are not able to win the attorney fees, what will be left out of your settlement once you pay your attorney. I think you need to discuss this with your attorney.
When you get your final judgement, you can then start collection activites. This includes having your attorney file motions and petitions in court for garnishment of wages, and filing of liens against personal property. If payment is not made, you perfect the liens causing foreclosrue on personal assets.
Please also talk to your attorney about how the courts at your location handle collection activities.
There is a process for discovering assets.
Once you get a judgment against someone, you can try to collect on the judgment by issuing a Citation to Discover Assets, a wage garnishment, a non-wage garnishment, and/or a sheriff's sale of personal or real property
Yep....that does it. EVErything becomes perfectly clear now. I feel better knowing this.
I do not want to retry the case, but tell me:
was there ever, before the agents death, 2100 in the ecrow? WAs the escrow used for the purpose intened? were there expenditures to bring the balance down to the 950?
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