Will The Election Result Certification Affect My Personal Injury Lawsuit?

Election results have been certified in 20 states up until today. The results in 30 states are still pending. These 30 states include critical swing states that Trump needs in order to retain the presidency for another term. Right now, it looks like his administration’s lawsuits are aimed at slowing down the certification process so that the day when all states must be certified on December 8, 2020. What happens if he succeeds? Probably nothing. But who ends up in office might change the pace at which your personal injury lawsuit moves forward.

Why?

Lawsuits really have nothing to do with politics in general, which is why the president in office won’t really change anything about your case. But right now, coronavirus is still placing a huge burden on many workers around the country — and the incoming president, Joe Biden, will have a lot of say in how to change policies regarding the U.S. approach to slowing down or containing the virus.

For example, Biden could choose to shut down the country for another couple weeks to wipe out the virus completely (although that wouldn’t actually work). Biden has strongly said that he would not consider this action. But suppose he reversed course and shut down the country anyway. That would ensure that all pending lawsuits and court cases are put on hold until the two weeks elapsed. And during this time, new cases would pile up. By the time the lockdown ended, old cases would be delayed more than just the two weeks.

There have already been large delays for those seeking personal injury judgments. There is good news mixed with the bad, though. Those who have been waiting a long time may have noticed that the statute of limitations on their cases is about to expire. Worry not: these are the products of state laws, and most are being extended to give victims a fair chance to seek compensation even during this pandemic.

Some personal injury proceedings will be allowed to take place remotely (more than there are now). One of the downsides of delays on remote communication is the likelihood that a victim takes the low-ball offer instead of waiting for the settlement amount to increase. Cases are much less likely to go to trial now than they were a year ago. That’s because people need quick cash, having lost their jobs for no good reason.

Certain states with large, liberal-leaning cities — like New York City, New York or Los Angeles, California, or even Chicago, Illinois — won’t have a large impact regardless of when their election results are certified. There’s really no chance of these results being overturned. Trump hopes to focus his efforts on states like Georgia, Pennsylvania, and several rust belt states that were closely decided in Biden’s favor.

Donald Trump has mismanaged the pandemic from the beginning — which has adversely affected our personal injury cases — and we can only hope a President Joe Biden will do better.

Can I Sue President Trump If Joe Biden Wins In 2020?

Maybe not so surprisingly, we’ve received a number of inquiries from United States citizens who lost a job — and therefore health insurance — after the coronavirus resulted in a large number of layoffs. They want to know whether or not they can hold President Donald J. Trump liable in civil class action litigation for his failure to effectively respond to the coronavirus pandemic. Why does this question arise? How would it play out in court? Is it even legal?

The basis of the case would theoretically depend on whether or not President Trump’s failure to act led to the economic crisis that cost people their jobs, and indirectly their health insurance — putting them at increased risk of financial ruin or the inability to pay hospital bills after a coronavirus infection.

It wouldn’t be a difficult case to argue in court. Donald Trump knew about the dangers of coronavirus. He failed to notify the public of those dangers. He overruled steps taken by organizations like the USPS — which had initially sought to send five masks to every American household before Trump said no. He has consistently spread misinformation about the efficacy of masks. The list goes on. So it isn’t hard to prove how Donald Trump made this crisis worse than it had to be.

Unfortunately, such civil litigation is not legal anymore.

The Supreme Court ruled in a 5-4 decision on Nixon v. Fitzgerald that former President Richard Nixon could not be held liable in civil court for the consequences of his actions when in office. From a legal standpoint this makes sense. After all, in today’s hyper-polarized political world, every president would be sued by millions of citizens. 

It’s important to note that the initial trial during Nixon v. Fitzgerald resulted in rulings against the president in both the original trial and the appellate court. The Supreme Court had the final say — and it ruled differently, providing the president with immunity.

But this does not mean President Trump cannot be tried in criminal court, though.

What Constitutes A Class Action Law Suit?

A class action lawsuit is basically when more than one person or a group of people who have suffered the same injuries or damages bring a lawsuit against a single defendant.

The lead plaintiffs in the case need to request a class action certification from the court in order for it to be deemed a class action suit. These types of lawsuits are only related to civil action where monetary compensation is being claimed for injuries and damages that the plaintiffs have experienced.

The burden of proof is on the plaintiffs to provide evidence that the defendant is liable due to their negligence, direct or indirect actions. In other words, it needs to prove in a court of law that the defendant is at fault in causing the damages or injuries.

The plaintiffs may be represented by more than one lawyer or attorney in a class action suit. However, the case needs to be brought as one suit and be represented as such. This means that all the plaintiffs need to be in agreement regarding the best way to bring the case to court.

If the lawsuit is successful, the compensation lawsuit awarded by the court will be shared among the plaintiffs. Some plaintiffs may receive more or less depending on a number of damages, medical or other expenses that they may have incurred.

Lawyers and attorneys normally take on class action civil suits on a contingency basis. This means that they require no payment for their services and will receive a portion or percentage of the settlement amount or compensation awarded by the court. The remainder of the claimed amount will then be shared among the plaintiffs.

If the case is not taken on a contingency basis, the intellectual property law firm may require a retainer. This is an amount that will need to be paid upfront to cover the initial fees and charges related to the case. Future charges will need to be paid on an ad hoc basis in order for the legal representation to continue.

This can become quite and expensive exercise, especially in class action cases that are complicated and drawn out. Class action suits are by nature complicated and it is necessary to plan for future legal expenses. The plaintiffs may club together to pay the retainer as well as other expenses from the legal team representing them.

As A General Rule, The Government Will Not Tax A Personal Injury Settlement

Have you been awarded a settlement in a personal injury lawsuit for your severe car accident injuries? Now that you have your money, you may be wondering are personal injury settlements taxable? The last thing you need is to get in trouble with the IRS because you missed a necessary tax payment.

Most personal injury proceeds are not taxable either under state or federal law. It also doesn’t matter if you settled before filing the lawsuit or after, the settlement is still probably not taxable. It also doesn’t matter if the award was decided between the two parties and their attornies or awarded by a jury or judicial decision following a trial.

The general rule when it comes to personal injury settlements is that the Federal government will not tax any damages that were received because of physical sickness or personal physical injuries. These are not included in the gross income of a taxpayer.

The reason for this is that personal injury damages are considered as compensation for such things as pain and suffering, emotional distress, medical bills, lost wages, attorney fees, and loss of consortium. These monies are not to be taxed as long as they are compensating for a physical sickness or personal injury.

A physical sickness is defined as one that occurred because of the negligence of another. For example, if a person is exposed to something that made them sick, damages recovered would not be taxable.

There are some exceptions to this general rule. If you receive damages that were a result of an injury caused by a breach of contract, they may be taxable if the breach of contract is why you filed a lawsuit.

If you receive punitive damages, they will be taxable. Your attorney should always ask the jury or the judge to separate any damages into punitive and compensatory awards. This means you can prove to the IRS that part of your award is not taxable.

If you have received a tax benefit on anything that relates to this case, your new settlement may be taxable. A good example is if you take a deduction for your out-of-pocket medical costs on your tax return, the monies awarded as part of the personal injury settlement for these costs will be taxable.

For the most part, any monies you receive as part of a personal injury settlement will not be taxed. It is best to check with your accountant or your lawyer to determine if you need to pay taxes on any of the monies you receive.