Missing Diver incident

[H2Andy]

well, if California law is similar to Florida, you can't sue for "mental anguish" or
"pain and suffering" unless there is an actual, physical injury received.

he floats in the ocean, doesn't get hurt, his damages are nothing
(well, missed work, if any, medical costs, etc... this is peanuts)

he floats in the ocean, gets cancer, now he can recover TONS of money
(pain and suffering, the horror of what he went through, the fear, etc.)

now, whether they can prove that the cancer was caused by that ONE DAY
of exposure is a different thing, but it keeps the suit from being dismissed
outright, and it leads the way to...

settlement

 

[scubasean]

well, if California law is similar to Florida, you can't sue for "mental anguish" or
"pain and suffering" unless there is an actual, physical injury received.

he floats in the ocean, doesn't get hurt, his damages are nothing
(well, missed work, if any, medical costs, etc... this is peanuts)

he floats in the ocean, gets cancer, now he can recover TONS of money
(pain and suffering, the horror of what he went through, the fear, etc.)

now, whether they can prove that the cancer was caused by that ONE DAY
of exposure is a different thing, but it keeps the suit from being dismissed
outright, and it leads the way to...

settlement

Agreed...I haven't seen the court docs, so I don't know if he put forth other possible injuries suffered that day....I have only quickly read the article.

I was mainly trying to poke at the fact that the defendant was missing from the list of folks that scubatooth listed as bad guys...notwithstanding the suit...

 

[Scubatooth]

sean

i do believe that the captain and crew hold some responsibility but not 4 million worth.

in general my opinon of lawyers is very low after my dealing with them and its seems they dont care about the person but more of the money they can get from a suit.

more importantly if the laws in the country were changed to that if you lost a suit you started you would have to not only pay your legal fees but that of the defendent and their resprentation, this would stop alot of the BS suits that are filed just to get the person to settle just for some quick cash.

FWIW

Tooth

 

[scubasean]

sean

i do believe that the captain and crew hold some responsibility but not 4 million worth.

in general my opinon of lawyers is very low after my dealing with them and its seems they dont care about the person but more of the money they can get from a suit.

more importantly if the laws in the country were changed to that if you lost a suit you started you would have to not only pay your legal fees but that of the defendent and their resprentation, this would stop alot of the BS suits that are filed just to get the person to settle just for some quick cash.

FWIW

Tooth

Agreed, to a point...I just had noticed that your post seemed a bit skewed...

 

[Scubatooth]

yeah some of my views are skewed but after jerked around by multiple lawyers and insurance companies after being involved in a couple auto wrecks my tolerance for lawyers in nil, the lawyer i have is very easy to deal simple phone call anytime for any advise i need.


i even had one lawyer call me after getting released from the ER from my last wreck were i was hit by a driver running a red light (after filing paperwork not to release my info, HIPPA violation) telling me that he could get me a min 100K from the wreck and he only wanted 60%, so i played along got his info and then sent a complaint to the bar and filed a HIPPA complaint againist him.

just my general opinon of JD holders

 

[H2Andy]

i even had one lawyer call me after getting released from the ER from my last wreck were i was hit by a driver running a red light (after filing paperwork not to release my info, HIPPA violation) telling me that he could get me a min 100K from the wreck and he only wanted 60%, so i played along got his info and then sent a complaint to the bar and filed a HIPPA complaint againist him.

good for you. that guy is scum. unfortunately, enough of them
out there to give the rest of us a bad name.

60% fees is outrageous. that's twice the accepted 30%

(if you think 30% is high, think about this: a lawyer has to spend
a lot of money on experts, exhibits, etc., with no guarantee that
he will recover a penny of it; he only makes money if he wins,
so it's risk capital you're paying 30% for)

 

[michaelp68]

Scubatooth, sounds like you've had some bad experiences. However, you shouldn't condemn the system, the victims in the system or all the lawyers because you've had some bad experiences.

For example, I've seen some terrible dive instructors, divemasters and dive operators, and on this website, I've read about many more. Yet it doesn't make me think that every dive professional is a crook or overly greedy.

With respect to you reporting the attorney who solicited your potential case, I'm glad you did so.

Andy, just as an fyi, here in Connecticut, a cause of action exists for negligent infliction of emotional distress. There does not need to be a physical injury. I do not know the California law on this, though.

Michael

 

[gfisher4792]

Like I posted in the other thread, I'm still sensing a out of court settlement, and the media linking the Open Water movie to it. At least until more details start to come out.

 

[Groundhog246]

According to a doctor on another board, for someone of the right (or should that be wrong) complexion, 5 hours of exposure to strong sun cold be enough to trigger skin cancer. I've seen someone with a fair complexion reach the point where her skin blistered when she fell asleep for 2 hours, so can only imagine what someone might look like after 5 with no sunscreen. Not only did she blister, she has been more prone to sunburn in the area that was badly burnt, as well as some other skin problems and her doctor is watching closely. So I'm not so ready to dismiss it out of hand. $ million does seem a bit steep however.

 

[jbd]

According to a doctor on another board, for someone of the right (or should that be wrong) complexion, 5 hours of exposure to strong sun cold be enough to trigger skin cancer.

From the Feb 2005 issue of Readers Digest page 120 in an article written by Chelsea J. Carter,"As he boarded the Sundiver at dawn on Sunday, April 25, 2004, wet gray fog blanketed the Southern California coast."

On page 122, same article,"In the heavy fog, even the rambunctious Scouts were subdued."

Just doesn't seem like strong sun was present on that day.