LEGALLY SPEAKING
if they can find a defendant with the ability to pay.
They hope that they can obtain a settlement or
convince the jury to award cash to the injured,
needy plaintiff from the comparatively wealthy
defendant. Many jurors have freely admitted that
they have overlooked whether the defendant was
at fault if they felt sorry for the plaintiff.
Step 5. Judgment
If the plaintiff (person filing the lawsuit) wins the
trial and the defendant (the person they are suing)
is found responsible for the injury or loss, the court
renders a judgment to compensate the plaintiff
for their injury and/or loss. It is now routine for
judgments to be in the millions of dollars.
Step 6. Collect on Judgment
The court provides the judgment but the judgment
is of no value if there is no way to collect on the
judgment. While a family could win a wrongful death
judgment against a murderer, many murderers do
not have enough assets to justify a lawsuit. For
this reason, it is rare for a murderer to be sued for
the wrongly death of their victim.
An exception to this was in the case of O.J.
Simpson. Although he was found not guilty during
his murder trial, O.J. was sued by the families of
Nicole Brown Simpson and Ronald Goldman and
was found liable for their wrongful deaths. The
courts awarded a judgment of $33.5 million in
damages to the victim’s families. O.J. Simpson
was sued because he had assets which the
attorneys felt they could collect on. While the
attorneys for the families of Nicole Brown Simpson
and Ronald Goldman have been able to collect on
some of the $33.5 million judgment, most of the
judgement has not been collected. Now, decades
later, the attorneys continue to work to collect on
the judgment.
Settlement
Anytime during the lawsuit process you can come
to a settlement to end the lawsuit. Attorneys know
that even if you win a lawsuit against you, you still
lose because it costs you thousands of dollars in
legal fees to defend yourself. The cost to defend
yourself, even against a frivolous lawsuit, can cost
hundreds of thousands of dollars. The trial will also
take time and cause mental and emotional strain.
Your privacy and reputation can be damaged, and
the uncertainty of the outcome can result in a high
degree of stress and anxiety.
Attorneys exploit all of these factors when they sue
you. The attorneys know that you may be willing
to settle the case—even if the case holds little or
no merit—just to have it behind you. If you have
available and reachable assets, the attorneys
know they have leverage to get you to settle. Many
attorneys make a living collecting settlement after
settlement from innocent defendants (victims).
This is what we call legal extortion.
Conclusion
The best way to defend against a lawsuit it to
take away the financial incentive of attorneys to
prevent the lawsuit from ever happening. If you
have no reachable and seizable assets, the trial
attorney’s strategies of legal extortion will not be
effective against you. With proper asset protection
in place, attorneys will not want to pursue a lawsuit
against you.
www. mrca. org — Midwest Roofer
17
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