Ethics of starting a Lawsuit

[Ceallaigh]

I was in an accident where I hit a parked trailer. It was a landscaping type trailer that sticks out into the road further than a parked vehicle would. It's painted black and has no kind of red and white or yellow and black safety markings on it. And I received a pretty substantial laceration that needed lots of sutures and staples to close. My insurance covered the cost of my car and medical bills. But of course I'm hearing "you should contact a lawyer". With the idea that I'd probably get a big cash settlement. I do blame the owner of this thing I hit for not making it more visible considering how far it sticks out into a fairly narrow road.

But as a Christian I'm not looking to receive money like if I won a lottery or whatever. I don't want to do something that amounts to greed. And I don't know how far the law firm would want to take it since they'll get a percentage of the settlement that's reached. The lawsuit would be against the owner's insurance company, but what if the law firm wants an amount that exceeds the owners coverage? What if the owners insurance premiums skyrocket etc?

Should I just leave it be?

 

[jacks]

I'd probably just "leave it be". If your insurance company thought that the other person was at fault they could could go after them for what they had to pay for your car and medical. Anything else might be more trouble than it is worth.

 

[Ceallaigh]

I'd probably just "leave it be". If your insurance company thought that the other person was at fault they could could go after them for what they had to pay for your car and medical. Anything else might be more trouble than it is worth.

That's a good point. I'll pursue it through my insurance provider first. An agent I sent pictures to did say something like "wow that really sticks out pretty far".

Outside of that I'm still interested in discussing the ethics of a Christian starting a lawsuit in general.

 

[jacks]

Outside of that I'm still interested in discussing the ethics of a Christian starting a lawsuit in general.

I'm not sure about this. I think we should first approach the person privately to see if we can resolve our complaint. Once a lawsuit starts thing get our of our control and the only interest of the lawyers is money. Whether the suit has merit or not, becomes secondary.

 

[Ceallaigh]

I'm not sure about this. I think we should first approach the person privately to see if we can resolve our complaint. Once a lawsuit starts thing get our of our control and the only interest of the lawyers is money. Whether the suit has merit or not, becomes secondary.

You mean knock on their door and ask them to give me money out of their own pocket for pain and suffering?

 

[jacks]

You mean knock on their door and ask them to give me money out of their own pocket for pain and suffering?

Is that what you want? If yes, how much do you think would be fair? Would you feel better if they just sincerely apologized? As you said "I don't want to do something that amounts to greed."

 

[Ceallaigh]

Is that what you want? If yes, how much do you think would be fair? As you said "I don't want to do something that amounts to greed."

I'm not sure what would be a fair amount. That's actually what I'd want to talk to a lawyer about. It's a pretty significant wound on my head. It's so gruesome I don't want to upset anyone by posting a picture of it. Large curling "V" shaped with lots of sutures and staples. Like about 8 inches (20 cm) in total.

This is when morality and the law can come into conflict. There may be a legal precedent for how much compensation I should receive. But the moral question of if should I receive it.

 

[sandman]

There is greed and there is holding people accountable. Many states require reflective cones to be placed in front and back of trailers. Holding them accountable in the form of a monetary amount may insure that responsible action is taken on their part, which may save someone else in the future from being injured or worse.

 

[linux.poet]

Outside of that I'm still interested in discussing the ethics of a Christian starting a lawsuit in general.

What the Bible speaks to is that you are not supposed to sue other believers in Christ, because that puts shame on the name of Christ, and instead take it to the church.

Does any one of you, when he has a case against his neighbor, dare to go to law before the unrighteous and not before the saints? Or do you not know that the saints will judge the world? If the world is judged by you, are you not competent to form the smallest law courts? So if you have law courts dealing with matters of this life, do you appoint them as judges who are of no account in the church? Do you not know that we will judge angels? How much more matters of this life? but brother goes to law with brother, and that before unbelievers? I say this to your shame. Is it so, that there is not among you anyone wise who will be able to decide between his brothers and sisters, Actually, then, it is already a defeat for you, that you have lawsuits with one another. Why not rather suffer the wrong? Why not rather be defrauded? On the contrary, you yourselves do wrong and defraud. And this to your brothers and sisters!

However, you may not know whether the trailer owner is a Christian, and you may have no means to make the inquiry, so this may not be very helpful. If you did know they were, perhaps talking to them and requesting an apology and change in behavior may be a good idea, following the Mathew 18 guidelines.

There is also this:

To defraud someone in his lawsuit—Of these things the Lord does not approve.

I would advise to let the insurance companies work it out here, as it’s kind of their job to deal with these things. If laws have been broken, talking to law enforcement may also be a good plan. You want to make sure that fault is assigned properly with those parties, as having an at-fault accident on your record increases your insurance premiums.

If there are medical bills that your insurance doesn’t pay for, I would proceed very carefully in trying to get that money from the trailer owner.

 

[Ceallaigh]

What the Bible speaks to is that you are not supposed to sue other believers in Christ, because that puts shame on the name of Christ, and instead take it to the church.



However, you may not know whether the trailer owner is a Christian, and you may have no means to make the inquiry, so this may not be very helpful. If you did know they were, perhaps talking to them and requesting an apology and change in behavior may be a good idea, following the Mathew 18 guidelines.

There is also this:



I would advise to let the insurance companies work it out here, as it’s kind of their job to deal with these things. If laws have been broken, talking to law enforcement may also be a good plan. You want to make sure that fault is assigned properly with those parties, as having an at-fault accident on your record increases your insurance premiums.

If there are medical bills that your insurance doesn’t pay for, I would proceed very carefully in trying to get that money from the trailer owner.

The thing with getting money from the trailer owner, is that's why the owner has insurance, to escape being personally financially responsible, and also not really having to deal with the matter personally. If I were in the owner's shoes I would want the victim to pursue getting any recompense from my insurance company, rather than taking it up with me personally.

I'd say as far as biblical examples go, I'm assuming there wasn't an insurance system back then like we have these days which covers the cost of damage and loss, and any financial recompense would have fallen directly on the individual.

Suing for recompense though the owner's insurance company is a completely different procedure than if I sued the owner himself like one sees in episodes of Judge Judy.

 

[Ceallaigh]

So another reason I might need a lawyer is I just got a hospital bill for $23,000. Most of it for unnecessary tests I didn't ask for. I just went in to get stitched up, which was the only thing they ended up doing. Now my insurance is probably going to cover all that minus a $50 copay. But who knows, maybe not.

 

[Ceallaigh]

There is greed and there is holding people accountable. Many states require reflective cones to be placed in front and back of trailers. Holding them accountable in the form of a monetary amount may insure that responsible action is taken on their part, which may save someone else in the future from being injured or worse.

They put a cone there afterwards. I'm pretty sure there wasn't one there before, but I can't be positive. I just called my auto insurance company and asked to have that investigated.