Tuesday, May 31, 2011

Who can be blamed for someone's misfortune?

Don't just think that because you are extremely competent and careful that you don't have exposure.  Over the last few decades, expanding theories of liability and the great proliferation of litigation has given increased emphasis to Asset Protection Planning. We live in a "sue society", and as such, it is no longer a question of negligence, but a question of who can be blamed for someone's misfortune Why is there such an increased liability exposure? Although there are numerous factors to consider, the evolution of the legal system has enabled a victim oriented society.

The contingency fee was adopted in the early ‘60s as means to ensure that “innocent victims” would not be denied access to the US legal system.  Since then, Plaintiff’s lawyers have been encouraged to take on cases and in essence finance the claim in hopes of a “pay day” in the form of a jury verdict.

Finally, there is attorney advertising.  You need only watch some late night TV or drive down the interstate to see this at work.  “Call the ABC firm after ANY ACCIDENT.  Aggressive Attorneys that work for YOU!”  This form of communication simply provides a foundation for a strong societal tendency to blame misfortune and general ills on some specific person or entity in an attempt to obtain financial remuneration from the targeted defendants.

BridgeBuilder assists those concerned about the potential liability arising from the operation of their business or professional practice or ownership of their real estate against their personal assets.

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Garrett Griffin