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Civil Lawsuits: Restitution Essay


The lawsuits have a tendency to occur often due to a plethora of situations, which tend to influence the behavioral patterns of the individuals. In this case, the primary aim of the paper is to define and offer the evaluation of the civil lawsuits, which were reported on behalf of the victims. In this case, the details, victories, defeats, and the third party defendants will be analyzed to ensure the understanding of the process. Dissimilar cases are used to address different situations and determine the existence of particular incidences in real life. In the end, the reflection is offered to portray the effect of transferring the lawsuits to the court on the mental stability of the victim and highlight the existence of civil litigation in the future.

One of the cases addressed the situation when California Little League’s coach filed a suit against one of the trainees for throwing a helmet at him and causing an injury (Spak, 2014). The coach asked for $600,000 for rehabilitation and moral and physical damages (Spak, 2014). Meanwhile, he claimed that he could be regarded as a victim since he tried to be in contact with a family of the student, but it did not cause any positive variations (Spak, 2014). Nonetheless, the victim understood that the requested financial resources were high in monetary value, but he provided offering an apology as an alternative to having the case diminished (Spak, 2014). In this instance, it could be said that the court was on the side of the coach due to the actual occurrence of surgery in December (Spak, 2014). Sequentially, the third-party defendants were represented by the attorney, who was hired to increase the effectiveness of the lawsuit. Nonetheless, despite the initial positive intention to teach a student to be responsible for his actions, the coach experienced emotional pressure due to the necessity to deliver the case in public and distribute it to masses questioning his moral principles.

The next lawsuit refers to the actions of the kid whose recordings of his bullying were utilized to offer proof of the occurrence of the act (Colgrass, 2014). These files were reported to the school administration to introduce punishment for the kids, who were involved in wrongful practices (Colgrass, 2014). However, the school governance exposed it as a controversy while causing the violation of the rights of the individuals due to the recording without permission (Colgrass, 2014). In this case, it could be said that the parents and a student had a tendency to lose their positions due to the well-developed judicial system, which protected the rights of the individuals (Colgrass, 2014). It could be said that the boy and his family were obliged to alter their positions and to become a defendant, as the initial victim was accused of illegal recording and violations of individual freedoms (Colgrass, 2014). In this case, the disadvantages outweighed the benefits of being involved in the lawsuit, as the controversies of the judicial system tended to exist, and the participation in the subsequent processes required a substantial financial investment.

The last case described the horrendous situation happened in the state of Illinois, as a teenager was running across the railroad and was hit by the train (Quinn, 2011). This incident was the cause of the fatal injury while his body parts broke the leg of the woman (Quinn, 2011). The victimized woman filed the suit against a teenager for causing her physical and mental discomfort (Quinn, 2011). In this case, it could be said that no third party defendants were described in the lawsuit, as the woman was a major participant in the process (Quinn, 2011). Meanwhile, the court found the boy responsible for the woman’s injury by causing it by accident (Quinn, 2011). Currently, the woman underlined that her claims were rational, and a similar behavior (of the teenager) should be controlled to avoid accidents and injuries in the future.

Lastly, it is vital to provide a personal reflection about the described cases to reveal the presence of the aspects associated with emotional costs, re-victimization, and the existence of civil litigation in the future. It remains apparent that the second situation is the portrayal of the fact that it is not always reasonable to report the case to the court, as the lack of knowledge of legislation and jurisdiction might be used against victims leading to the significant investment in the subsequent lawsuits. Nonetheless, in the other two cases, the victims were satisfied with the flow of the processes, but the situation with the coach was not worth delivering to the court due to the high costs. In turn, it could be stated that re-victimization occurs in the civil court, as the incidence tends to be repeated with the previous participants due to the involvement of particular behavioral patterns (Fisher & Lab, 2010). Lastly, it could be said that civil litigation regarding criminal cases will continue to exist, as the division of the lawsuits is dependent on the presented legal system. Nowadays, it tends to have controversies leading to the existence of this issue while dealing with various problems in court, and this trend will continue its development in the future (Fisher & Lab, 2010).

References

Colgrass, N. (2014). Newser. Web.

Fisher, B., & Lab, S. (2010). Encyclopedia of victimology and crime prevention. Thousand Oaks, CA: SAGE Publications, Inc.

Spak, Kevin (2014). Newser. Web.

Quinn, R. (2011). Newser. Web.

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IvyPanda. (2020, October 15). Civil Lawsuits: Restitution. Retrieved from https://ivypanda.com/essays/civil-lawsuits-restitution-essay/

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"Civil Lawsuits: Restitution." IvyPanda, 15 Oct. 2020, ivypanda.com/essays/civil-lawsuits-restitution-essay/.

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IvyPanda. "Civil Lawsuits: Restitution." October 15, 2020. https://ivypanda.com/essays/civil-lawsuits-restitution-essay/.

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IvyPanda. 2020. "Civil Lawsuits: Restitution." October 15, 2020. https://ivypanda.com/essays/civil-lawsuits-restitution-essay/.

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IvyPanda. (2020) 'Civil Lawsuits: Restitution'. 15 October.

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