Paul Walker / Roger Rodas widow suing Porsche
#16
Team Owner
I beleive there was no judgement in the Keaton case, rather it was a settlement. Porsche contributed 8% to the overall settlement. Many may view that as a finding of responsibilty, but is not. Porsche's payout was 360,000, which is a small amount relative to the likely costs to defend in court. In the industry I work, lawsuits related to accidents are routine and in the vast majority of situations we settle, even though we consider the cases winnable. The bottom line is it is too expensive to win. The whole process is a negotiation. A sum such as 360,000 in this type of case may be regarded as "go away money" (i.e. "Here, take some money and go away and leave us alone" - sad, but true). In my view, the relatively small portion Porsche contributed suggests that the parties involved (insurance companies etc.) recognized that Porsche had little, if any, contributory responsibility.
#19
RL Community Team
Rennlist Member
Rennlist Member
I am not a lawyer, rather an engineer, but I have been deposed many times over in matters of litigation and have worked closely with various law firms over the world. Only twice I have actually testified in trial, but those were very special cases when the company determined that the cost of pursing the win was justified.
It is a balancing act... in the case of a very public trial, the negative publicity of opening up wounds is a consideration.
#20
Captain Obvious
Super User
Super User
Like you, I have been involved in cases and have testified as an expert witness on the stand and until recently, I was under the same impression as you. It wasn't until one of the lawyers clearly explained how the process works and how they weigh the chance of being liable (to what percent) and then, that's what the payout is based on. From the outside, it looks they pay out all the time and conventional wisdom thinks this is because it cost too much to fight it. When in fact, it is mostly based on basic risk management, by determining what percentage they are likely to be found at fault. Ask this from the lawyers you deal with directly, their answer might surprise you. It sure did me.
Last edited by Imo000; 05-16-2014 at 05:08 PM.
#21
#24
Three Wheelin'
Guess if you have millions you can get a lawyer that will make you more millions, even if it's on the back of your father's death. Rich people tend to look at every life event as an opportunity to make money...glad I'm a poor schmuck