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Posted on 04/07/2007 3:14:35 PM PDT by mom4kittys
Thread Number 3
Excuse me, but can you prove he wasn't gay or bi too? LOLOL
Just kidding folks..don't get your feathers ruffled! HeHe
Howard hasn’t used the information about LB possibly fathering a child 9 years ago PUBLICLY, but that doesn’t mean he hasn’t threatened Larry with that information...
Speaking for myself, I was Team Birkhead during the trial and I remain firmly Team Birkhead.
Greta Van Sustern has met him and likes him and has stated on the air that they thoroughly checked him out when he was first revealed on the scene back in September and found him legit... I have learned nothing substantial to change my opinion of him and that he should have his child -- free and clear of any encumbrances.
I think Nancy, Greta and Geraldo are behind it too! lolol /sarc
Virgie would be in a serious disadvantage in Florida if she filed by herself. She wasn’t receiving any money from Anna and that would come in to play because it means she wasn’t dependent on Anna like a child would be. Also they were estranged.
This is why all the hype right now over the Goldman family trying to get the money from the book, because it means his claim would be paid and the claim (made on behalf of the Brown family) would not be paid to Sydney and Justin (some father that OJ -- now THAT is a case where I thought the grandparent(s) SHOULD have had custody.
I doubt anyone is angry with you... I’m not.
You have to understand that we have a troll on this thread that is feeding off of every semi negative thing that might be posted about Larry. They have been doing this they joined FR around 3/20/07.
I know I am not the only one who thinks this troll has a motive.
As far as the shirtless Larry picture... to some the picture might not look right. But we all have to remember a man without a shirt is not consider abnormal. Men hold or pose with their children when they are shirtless all the time. Would it has made a difference if Larry was laying on his back and had the baby laying on her belly while on his chest sleeping when a picture was taken from above?
I do not believe that is true. The drugs were prescribed in Ca. and filled in Ca. The DEA can bring drug charges if they want to do something! Howie can go to jail in the Bahamas. (I prefer it actually...Fox Hill Prison would be perfect for him!) If they are both behind bars then we are all happy ... right? :)
Larry is DL's father. HKS stinks. Vergie is really an unknown but her attorney knows how to get down and dirty. He isn't in this because he is kind-hearted - it's all about the money and winning to him. Vergie can't afford to shop lawyers and some of this may be beyond her control.
Both of these paragraphs are IMO, of course. :o)
Its human nature - we all think the best of whatever “team” we have joined and the worst of whatever “team” we don’t like.
As a diehard Gator fan I loathe UGA Bulldawgs and Florida State Noles.
As Team Birkhead (a well thought out allegience) I totally distrust and dislike all things HKS and Virgie but am willing to admit it.
A wrongful death action is a statutory right to sue a person or business responsible for causing a death. This statutory right is given to the surviving family members of a deceased. In order to bring a wrongful death action, a death must have been caused by the wrongful, negligent, careless, or reckless act of a person, company or municipality. The Florida Wrongful Death Statute was adopted so that the family members of a deceased can bring the legal action that the deceased would have brought, had death not occurred.
Frequently Asked Questions Regarding Wrongful Death Claims
What are the damages that can be recovered in a claim for Wrongful Death?
Under Florida law, a family suing for Wrongful Death may recover the following damages:
Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered. The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.
Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.
Who has the right and the responsibility to make the claims for a Wrongful Death?
In order to be certain that there is proper compensation for each survivor or beneficiary it is common for the governing statutes to provide that a particular category of person has this right and responsibility.
In Florida, the statutes require that the Personal Representative of the Estate of the deceased bring any claim and assure that the interests of each survivor are protected. The Personal Representative is frequently a spouse, parent or child of the deceased.
In situations where no Estate is needed for probate purposes it is still necessary to open an Estate to accomplish the appointment of a Personal Representative.
Who should start the investigation of a potential Wrongful Death claim?
Any person who believes he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death would have the right to consider starting the investigation of a potential claim. Sometimes the most logical person to investigate or start a claim, such as a widow, is not willing or able to look into the matter. In such a situation, any survivor or beneficiary should contact an attorney experienced in handling serious injury or wrongful death claims.
The attorney can ascertain whether the claim would have merit and what categories of compensation would be permitted under the law. He or she would also be able to determine who should be appointed as Personal Representative of the Estate of the deceased if the Estate has not been previously opened.
Are there any unique issues that arise concerning a claim for Wrongful Death?
Yes, there are many unique issues to confront in a claim for a Wrongful Death.
First, it is obviously necessary to prove that the death was caused by the misconduct of another person or company. This can be complicated at times when other potential causes are present. An example would be the seriously ill person who is given improper medication in the hospital. In that circumstance, the defense often argues that the death was really just the natural progression of the underlying disease or condition.
Second, it is always necessary to prove the life expectancy of the deceased in order to determine what the future losses would be. This is not a major problem when the deceased was in perfect health at the time of the misconduct. But, it becomes complicated when the deceased had a life-threatening or life-shortening disease or condition.
Third, it is likewise necessary to prove the life expectancy of each survivor or beneficiary. After all, the future relationship would only have existed during the period of the predicted joint life expectancy of the deceased and the survivor.
Fourth, the nature of the relationship between the deceased and the survivor, in all of its relevant aspects, must be fully developed and presented. Sometimes the relationship is almost storybook perfect and sometimes it is quite different. In either event, it needs to be understood and documented in order to support the individual claim of the survivor.
Fifth, much of the true loss in a wrongful death claim is non-economic or emotional in nature. This requires special skills and care in the development of the proof and in its presentation. It is a matter quite different from just permitting an injured person to describe his or her back pain.
Sixth, it is mandatory that each of the survivor's claims be developed and presented fairly without favoring or appearing to favor one survivor over another. This is especially true in those situations where, for example, the widow is the Personal Representative of the Estate of the deceased with the responsibility to present a claim on her own behalf and another claim on behalf of a stepchild. There are many other situations that require a special effort be made to assure a fair process at every step of the claim for each survivor.
These are some of the unique issues that an experienced attorney will understand and confront in making a claim for a wrongful death. These examples demonstrate why the emphasis should be on selecting a well-qualified attorney with significant experience in wrongful death claims, negotiation, and litigation.
How much will this cost me? How can I afford an attorney? Hancock & Hancock, P.A. handles all wrongful death cases on what is called a "contingency fee" basis. This means that no fees or costs are charged unless we collect money damages for you. All of the consultations with our office are absolutely free. When you receive compensation, meaning we have successfully concluded your wrongful death case, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work, is in writing signed by you and is 33 1/3% prior to filing suit and 40% after the lawsuit is filed, up through trial.
The attorney's fee is separate from the "costs" that the firm advances on behalf of the client. "Costs" include expenses for obtaining copies of medical records from hospital and doctors, investigations fees, expert witness testimony, fees for economists, filing fees at the courthouse, costs of taking deposition, etc. We advance all costs related to your case. Upon obtaining a recovery for a client, we are reimbursed the litigation costs advanced by us.
Which makes the point it’s all about what we are exposed to. I grew up in SoCal where shirtless is more normal than not and here in Arizona with our heat and the lakes, the same thing. Men walk around shirtless holding their kids all the time out here... (which is why signs on resturant doors say shirts and shoes are required to enter)...
In other words, the lawyers make most of the money!
I still say go after Howard in the inquest and make sure he goes to prison! DL will have enough financial support (Marshall case if it settles), book deals, pictures, Anna's name and likeness etc...
Just how much money does one person need?
I watched her on the stand, and i didnt’ see her getting ‘flustered’ any more than birkhead or stern got ‘flustered’ when they were asked about money. But I did see it talked about more afterwards. A lot more. Adnauseum more. Even right now, it’s an ‘issue’. she got ‘flustered’ so what? At least she didn’t perjure herself like the rest of them.
Accepting a plane ride to see her grandson’s grave, and to try to talk to her daughter in person, was NOT ‘making money off Anna’. It had nothing to do, with MONEY - it had to do with grieving and trying to bring Anna home ALIVE and being turned away at the gate by Stern.
She didn’t know her attorneys. She was there to get her daughter’s body and go home to grieve. Maybe her attorneys Could have ‘prepared’ her better, and maybe Seidlin could have let her have a moment to confer, too. Seidlin’s strong point was not, tact OR compassion OR pre-hearing discovery. But she didn’t lie. Not once.
I doubt Anyone realized that her trying to claim her daughter’s body would turn into a week-long zoo, complete with a pot-smoking judge. Did you? Did anyone at all?
As a mother, how do you prepare for clown videos? mommy videos? Detox dufflebag stories? lunchhour at the morgue? drug use far above what even you, as a mother, imagined? Good God. I’m surprised she wasn’t a blubbering basketcase. I hate to say it, but if Virgie looked like Opri, she would have been a hero. I’ve sat and watched a Lot of age-ism focused against Virgie and IMO it’s a sad statement about our society.
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