Happy New Year! Now, back to work...
Greetings, all, and thanks for checking in, as always. Hope the New Year has been treating you well.
As you can see, it's been a bit of time since I've updated here. The reasons are explained here, in my Musings and Observations. However, I'm back now, and better than ever, so it's time to get cracking with some more answers to your questions.
By the way, I want to thank Rocky Allen (and Blain Ensley, of course), who do afternoon drive on WPLJ in New York City. With their return to New York, they've revived the Ask A Lawyer segment on the show, and, as a result, I've got a whole bunch of new folks sending me their questions. I love doing this, so I'm happy to have the added traffic.
I want to remind everyone to read the rules before sending me their questions, just so we're on the same page. But then, feel free to email away, to askalawyer@email.com
Just one more thing. I've already gotten a few questions like this: "Can I sue (x) because (y) happened?" The answer to that question is always "yes, but." See, you can always sue someone. The question the person is really asking is, "Am I gonna score big bucks by suing?" In the vast majority of cases, that answer is usually no. The fact that you received the wrong order at your favorite restaurant, or you purchased an expired package of food from the store, or the cleaners shrunk your favorite shirt, or the neighbor's apples are dropping over the fence onto your yard, are all things that are technically claims you could assert, but why bother? In each of these cases, you would have to prove damages, and in each of these cases, the damages you could assert would be so minimal, it simply isn't worth talking about. I mean, really, how much damage did you suffer by having your shirt shrunk (even if it is your favorite)? Rather than sue, why not ask the cleaner to reimburse you the cost of the shirt? Really, just ask. You'd be surprised how often that works.
And, by the way, the "I want to prove a point," or "I want to send a message" as a justification for these nuisance law suits doesn't fly with me. Color me jaded, but I've seen too many folks fold up their tents as soon as they get the first four figure offer from an insurance company to believe the "send a message" claim anymore. You send a message by writing letters, organizing boycotts of services, hugging a tree, or giving your business to a competitor.
All that being said, I'll do my best to answer your questions, steer you in the right direction, and keep this spot as interesting and entertaining as possible.
Enjoy.
As you can see, it's been a bit of time since I've updated here. The reasons are explained here, in my Musings and Observations. However, I'm back now, and better than ever, so it's time to get cracking with some more answers to your questions.
By the way, I want to thank Rocky Allen (and Blain Ensley, of course), who do afternoon drive on WPLJ in New York City. With their return to New York, they've revived the Ask A Lawyer segment on the show, and, as a result, I've got a whole bunch of new folks sending me their questions. I love doing this, so I'm happy to have the added traffic.
I want to remind everyone to read the rules before sending me their questions, just so we're on the same page. But then, feel free to email away, to askalawyer@email.com
Just one more thing. I've already gotten a few questions like this: "Can I sue (x) because (y) happened?" The answer to that question is always "yes, but." See, you can always sue someone. The question the person is really asking is, "Am I gonna score big bucks by suing?" In the vast majority of cases, that answer is usually no. The fact that you received the wrong order at your favorite restaurant, or you purchased an expired package of food from the store, or the cleaners shrunk your favorite shirt, or the neighbor's apples are dropping over the fence onto your yard, are all things that are technically claims you could assert, but why bother? In each of these cases, you would have to prove damages, and in each of these cases, the damages you could assert would be so minimal, it simply isn't worth talking about. I mean, really, how much damage did you suffer by having your shirt shrunk (even if it is your favorite)? Rather than sue, why not ask the cleaner to reimburse you the cost of the shirt? Really, just ask. You'd be surprised how often that works.
And, by the way, the "I want to prove a point," or "I want to send a message" as a justification for these nuisance law suits doesn't fly with me. Color me jaded, but I've seen too many folks fold up their tents as soon as they get the first four figure offer from an insurance company to believe the "send a message" claim anymore. You send a message by writing letters, organizing boycotts of services, hugging a tree, or giving your business to a competitor.
All that being said, I'll do my best to answer your questions, steer you in the right direction, and keep this spot as interesting and entertaining as possible.
Enjoy.
posted by David Kendall at
12:04 AM
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