Re: (Mostly off-topic) Fallout and PTSD and Contingency Fees

[Paul lavely <lavelyp@UCLINK4.BERKELEY.EDU>]

Barbara,



Agreed. I was too casual in my words.



Thanks for the nitpicking - ya keep me honest and sharp.



Paul



>In a message dated Sun, 10 Mar 2002 10:19:36 AM Eastern Standard 

>Time, RuthWeiner writes:

>

>  > In a message dated 3/9/02 4:57:46 PM Mountain Standard Time, 

>lavelyp@UCLINK4.BERKELEY.EDU writes:

>  >

>>  1 Can you prove TMI (or something/someone associated with the 

>>accident) caused the PTSD? If no, end. If yes go to 2.

>>

>>  2 Can you show that the behavior was negligent or intentional? If 

>>no, end. If yes go to 3.

>>

>>  3 Can you show that the conduct was outrageous and shocked the 

>>senses? If no, end. If yes go to 4.

>>

>>  4 Can you fashion an appropriate remedy? If no, end. If yes go to 5.

>>

>  > 5 Do you think that you can find a jury who will agree with each 

>of the above AND will give a judgement that would make taking the 

>case worthwhile?

>>

>

>Not to nitpick...er...well to nitpick a little...In a civil case the 

>standard would be to prove 1 through 4 with a preponderance of the 

>evidence (i.e., anything over 50% will do), and the jury (in 

>California, at least...I'm not sure what other states do) does not 

>have to be unanimous in their verdict, making it not nearly so 

>difficult to get big, huge $$$$$$$$$$$$$ for plaintiff.

>

>

>Barbara L. Hamrick



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