• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

defendant works in court house/visiting judge?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? washington
first of all if anyone has any tips on my post below(lawsuit not settled) I would apprecaite it.
Secondly the people we are sueing ......the person has owrked at the court house diredctly with the Judges for 20 years. So I guess we have to get a visiting
judge. I still dont think this is fair because obviously she would know them also. Apparently we cant move the trial to another county because the accident happened in this county?
is there anything we can do to assure a fair trial?
 


spawn_x

Member
if you explain what you are suing for/about then we could give you a better idea of whether you have to be worried about a fair trial or not.

you get a fair trial anywhere btw, judges are not supposed to have any personal feelings/opinions about it.

i've seen it happen many times where a judge rules against his wish simply because that is the "logical" thing to do, but still felt that it was wrong and did not agree.

i'm not sure how many judges actually disobey the law and favor the person they know, or worked with, etc.
 
judge

If you read my post a few posts down regarding suit not being settled it will give you more details.
It would be great to move it to another county but can we?
 

spawn_x

Member
who are you suing? the driver of the car that she was in or the driver of the other vehicle? who's at fault?

by the way i am really sorry to hear about what happened.

my advice is to get advice from your lawyer, it will be better and more accurate for your situation than anything you will get here.

In your case I wouldn't want to move it to a different city, it would not matter to me. This is not an issue where the fault is 50/50 and a slight favoring may mean you lose the case, so I wouldn't worry about it.

But again I recommend you speak to your lawyer about this..
 
my daughter was the passenger and we are suing the girl who was driving and her parents. The parent is the one who works with the judges.
So you think a visiting judge would be fine? it would be able to be fair.
I wasnt sure what you meant about the 50/50 part.
 
They dont deny that it is her fault and that my daughter went through the windshield or that they had a non working seatbelt in the car. They havent done anything all this time now all of the sudden they are trying to get statements from people that she seems"fine". They dont know much about head injurys. Yes to the casual observer she may look "fine" but we have medical experts to back us up. The people they are getting statements from are not even people who knew her before the accident.
Are they just trying anything to prolong this and hold on to thier money?
 

spawn_x

Member
"Are they just trying anything to prolong this and hold on to thier money?"
--- Maybe. However they may have a valid point.

Was your daughter wearing a seatbelt?

If she was, did it break off?

If she was, did she KNOW it was not working?

If she didn't, why didn't she?

I see 2 sides to this...

1. If she didn't wear the seatbelt then it was also negligence on her side and most of the injuries would have been prevented.

2. If she wore the seatbelt (and was never informed that it was not working) and it broke off then I believe you should sue the driver of the vehicle that your daughter was in as well, for negligence though.

There is a big way out of this for the defending party... she sat in the seat either knowing that the seatbelt is not working and ignoring that, or not wearing it. If she didn't know it and her friend did, then its negligence.

Anyone else want to poke at this?
 
My daughter was not wearing a seat belt. They admitt that it did not work. This was the first time my daughter had ever riden in the car so she did not know before she left.
The girls were looking for a tape and rear ended a car. She says she may have been distracted by my daughter saying"is this the one you are looking for?" other than that they admit she went through the windshield. They are just afraid of losing personal assets which may happen if the insurance doesnt settle. I dont think thier insurance company is telling them the truth because they are acting like we are dragging this to court when in reality they have not been cooperative at all.
Depositions were done a month ago....what is the hold up? what would be going on at this point? they also keep wanting court dates way into next year because of vacations , other trials etc,
we could get a visiting judge as early as july but they ( defense lawyer) are busy. I think were getting the run around and they are keeping the money longer.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top