In a day and age during which an unheard of amount of money is spent on bolstering the U.S. military, and the government is experiencing a partial shutdown because no one wants to give Trump the $5 billion he wants for his wall, it should come as little surprise that we’re still not investing much money into the future. Our infrastructure is outdated, inefficient, and much of it is crumbling before our eyes. Is our government liable?
Sometimes. The biggest problem is that they’re not liable until something goes wrong. So much is going wrong, though, that we can hope legislators wake up to the need for more investment soon enough.
Flint, Michigan residents filed a lawsuit against the state of Michigan–something normally impossible. The usual course of action is filing suit against the Court of Claims. This process usually saves the state a lot of money, and prevents legal entities from using tax dollars to form a fund for compensation. Residents have also filed lawsuits against Governor Snyder, the city’s emergency management agencies, engineers, and the U.S. Environmental Protection Agency for failing to prevent the crisis.
If your car is damaged or you are injured because of a pothole or other road conditions that you can prove are negligent, then you can file a lawsuit against the local municipality or government in charge of maintenance. It’s not easy to prove negligence in court. It’s easier to make a case if there are other factors in play, such as bad street signage or debris in the road from construction. Sadly, there are also limits to how much you can sue the government for this type of injury or damage.
A lawsuit has been lodged against the FCC by two dozen cities and counties in order to complain about rules for the construction of 5G wireless equipment, a process that is still ongoing. In particular, the local governments in question are upset over FCC regulations that place limits on how much a phone company will have to pay when building their new equipment on public property. In addition, they contend that local municipalities aren’t being given enough time to review the equipment applications.
While these lawsuits seem fair on the surface, they also bring to light the problem that the government can be sued when they are trying to get certain types of infrastructure up and running as quickly as possible.
Arbitration is the process that is sometimes used to settle disputes, without having to wait for a court ruling. Arbitration can be performed by people or companies, or even a person and a company. It is a process that is often used when the two parties are eager to resolve the dispute amicably but are not able to simply come to an agreement through talking to a mediator.
Arbitration is a common tool used in the event of personal injury, since most injured parties do not want the stress of a full court case – but an arbitrator can help to ensure that the injured party gets fair treatment, and both parties save the cost, time and hassle of having to present their evidence in court.
When is Arbitration Used?
It is sometimes used for other civil and corporate disputes, and it can be beneficial because cases that are seen through arbitration don’t usually attract the kind of attention from the media that a full court case would. There is an incentive for the party that the claim is against to work fairly towards a settlement.
Contact an Arbitration Lawyer
If you have suffered an injury or feel that you have been unfairly treated by a company, and want to go to arbitration, then you should seek advice immediately and document everything that has happened. Be careful about engaging in discussions with the party you are claiming against until you have had advice, because they may try to get you to agree to a settlement that is lower than what you would be entitled to. Remember that you do have rights and that the legal system exists in order to protect your interests, especially in situations where your health or safety was put at risk. Use arbitration if needed, to get what you are entitled to.
The Miami Injury Lawyers are skilled in the art of arbitration and negotiation. Contact our office to schedule a free consultation.
Legal cases can end up throwing many terms in your direction.
Two terms that tend to get confused with each other are settlement and verdict. It’s important to realize what the difference is between these two and what they stand for.
A settlement is an agreement between the two parties on meeting halfway.
In most cases, one party is going to assume it doesn’t have a strong case and will push for a settlement. This will end the case and ensure there isn’t an official verdict on the matter in court. This is a good way to stop things from going on record.
The settlement is based on what both parties deem to be fair and has to be signed off by both.
If it isn’t signed, the court will move forward with its proceedings and aim for a verdict.
Let’s assume a settlement isn’t an option and the court has to carry on.
This is when a verdict is an option and often the only one.
A verdict is a final declaration or decision made by the judge/jury. It is based on the facts in the court of law and what the judge deems to be a fair outcome. This verdict determines what happens to the defendant along with what is said in the official records.
All verdicts are officially recorded and have to be submitted by the court’s officials.
This is the difference between these terms, and it’s important to recognize what each one has to offer. For some, a settlement might be the right way to go while others would prefer to have a final verdict on the matter.
This is dependent on the case, its facts, and how things are trending in the courtroom. Both parties may feel a verdict is the way to go.