A question concerning litigation

[CO_Skymaster]

Wow,

That is truly messed up.

I doubt we will see much changed since our govenment is made up of mostly lawyers, who have very little interest in stopping the practice. It may be many of them got their careers started doing the same thing.

Karl

[Ernie Martin]

But we haven't answered Karl's basic question: can the lawyer sue without a plaintiff who suffered damages? And I think the basic answer is NO (or perhaps better, since any fool can sue, it will get dismissed for lack of standing very quickly and at little or no cost to the defendants).

As an example, say only one party suffered damages (death, injury or financial) and that party and his/her estate, legal representatives, heirs, successors, etc., all decide not to sue, then an attorney can't legitimately bring suit. Of course, the attorney may try to find someone adversely affected (e.g., distant relative, the company that employed a key employee killed in the accident) and use that entity as a plaintiff, but without a plaintiff who suffered damages there is no standing.

Ernie

P.S. I'm not an attorney but spent many years running companies or contract departments, with attorneys working for me. If I'm wrong here and there is some esoteric procedure by which an attorney without suffering plaintiffs can successfully sue, please correct this post.

[tropical]

And why wouldn't the Plaintiffs take Council's "advise" and enjoin the suit?

Are you trying to say the average American will suddenly have a "good heart" and not bring litigation?

US culture has ingrained among the people that accidents=BIG BUCK Payouts! Look at all the billboards and TV ads where the scumbag, er I mean Lawyer ask "Have you been hurt in an accident?" Do you honestly believe he's soliciting clients because he is concerned for the injured person's well being?

[stackj]

Kevin (or is it Keven?) Where are you?

[Ernie Martin]

Yes, legal counsel can convince families to sue, but that wasn't the question. Karl asked whether lawyers can "bring cases against the company in the families name even if the family doesn't want it." But if the families insist on not suing and no one else suffered damages, then I stand by my answer that no one has standing to sue.

Ernie

[Skymaster337B]

You are right. Lawyers can't sue unless they have some one to sue on behalf of. But there's never a shortage of willing accomplices. But, lawyers can sue on behalf of a group of people like a class action law suit...very dirty if you ask me.

[CO_Skymaster]

Thank you to all for your answers. Thinking about my own situation, I wouldn't sue (if I'm still alive), but I've never told anyone in my family not to do so. It also sounds like it could be any family member (like a cousin) who could work with a lawyer to bring litigation. Once that process has started, it's as Tropical has said, court papers are filed against multiple people to see what will hold up.

Thanks for the insight,

Karl