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  #21  
Old 08-16-2024, 08:03 AM
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Originally Posted by GalvTexGuy
They probably took the case on contingency, which is usually 33%-40%.

Since the survivor doesn’t remember anything about the accident, I wonder how anyone would know if one of the rear brakes locked up and the bike was under a recall?
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  #22  
Old 08-16-2024, 04:41 PM
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Well....................
It IS New Jersey!
Glad I left!
 
  #23  
Old 08-17-2024, 09:58 AM
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We've done a few videos on the subject of the early nanny controls, and the issues it had.

I spoke, for over 2 hours, with one of the attorneys on this Team back in 2023. It was a sad deal what happened, and I can see how it would happen due to the faulty programming of the RDRS when it was first introduced on the Trikes in 2019.

As I stated 5 years ago (see video below) "one day it is going to surprise someone, and they're not going to react well, and it's going to be a problem."

The attorneys saw the video we made years ago, starting around the 7:55
mark, where we talking exactly about this problem, which is why they called me.


Kevin
 
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  #24  
Old 08-17-2024, 10:09 PM
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Originally Posted by uncle kebo
If the case was taken on contingency, 33% includes that. There may be a rider for x-amt but I doubt its over 10k
That presupposes the judge doesn't also require the defendant to pay fees.

Whatever portion of the DAMAGES paid to the attorney as a fee from the plaintiff himself is independent of what the judge could potentially award from the defendant to be paid directly to the plaintiff's attorney.

Whether the plaintiff would then get a credit would be a separate issue of contract between the plaintiff and his attorney.

While the "American" rule is usually that each side pays, at least in my state the judge has discretion to require the defendant to pay as well. I would think that a case with a huge damage award would be so one sided as to suggest that this might be one such case, but I'm not the judge and I don't know what the law is there.
 




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