Since a civil court has neither the authority to imprison the abuser nor the ability to reverse psychological harm, clients looking for these forms of relief will likely be disappointed regardless of the quality of lawyering provided. This richly textured study of some of the most important music and complex political events in America since World War II challenges the belief that white consumption of black music necessarily helped eradicate racial prejudice. A cause of action accrues when the last element necessary to complete it occurs. A dearth of evidence can be an obstacle to obtaining a collectable judgment because, quite simply, a claim without evidence to support it is worthless. Determining the collectability of a potential defendant is more of an art than a science. A lawyer can help a sexual abuse victim in this regard by gathering information about and examining the seven potential obstacles to civil recovery discussed in this article. For example, while the statute of limitation for an intentional tort claim involving abuse is typically triggered on the date the tortious act is committed, the continuing tort doctrine applies when the acts are continuing or repeated.
The Fifth Amendment permits a person to refuse to answer questions that may constitute a link in a chain of evidence leading to his or her conviction in a criminal case. A defendant or witness cannot, however, refuse to testify on Fifth Amendment grounds if he or she is not at risk of further criminal charges for the alleged sexual abuse that is the subject of the trial. Archdiocese of Miami, Inc. Once the trial begins, it can be cathartic for the victim to take the stand or listen to opening and closing arguments. Instead of simply seeing the world of black music as a reflection of a mass struggle raging elsewhere, Ward argues that Rhythm and Blues, and the recording and broadcasting industries with which it was linked, formed a crucial public arena for battles over civil rights, racial identities, and black economic empowerment. See also Golden Yachts, So. But while these are all reportedly natural psychological reactions to sexual trauma, statutes of repose and limitation can preclude victims from recovering civil damages stemming from that trauma if they do not timely pursue their rights. In the process, he analyses the ways in which various groups, from the SCLC to the Black Panthers, tried—with very mixed results—to use Rhythm and Blues and the politics of celebrity to further their cause. Oldsmar Fine Wine, Inc. Indeed, Ward argues that the popularity of Rhythm and Blues among white listeners sometimes only reinforced racial stereotypes, while noting how black artists actually manipulated those stereotypes to increase their white audiences. With some creativity and elbow grease, plenty of other relevant information i. Punitive damages cannot be awarded unless demanded in the complaint, and they cannot be demanded without permission from the court. The same rationale may apply, depending on the amount of the deductible, if the legal expenses will be paid by an insurance company. Lack of Evidence to Seek Punitive Damages Once punitive damages are in play, the dynamics of a lawsuit can shift rapidly. This richly textured study of some of the most important music and complex political events in America since World War II challenges the belief that white consumption of black music necessarily helped eradicate racial prejudice. Brian Ward explores in detail the previously neglected relationship between Rhythm and Blues, black consciousness, and race relations within the context of the ongoing struggle for black freedom and equality in the United States. Combining unrivalled archival research with extensive oral testimony, Ward examines the contributions of artists and entrepreneurs like Sam Cooke, Aretha Franklin, James Brown, and Berry Gordy to the organized black struggle, explaining what they did for the Movement and—just as important—why they and most of their peers failed to do more. As the process of litigating a sexual abuse suit necessarily exposes the victim to a great deal of stress, it would be cruel to subject a victim to those stresses without first ascertaining whether there is a reasonable possibility of obtaining a collectable judgment. He also examines the role that black-oriented radio played in promoting both Rhythm and Blues and the Movement, and unravels the intricate connections between the sexual politics of the music and the development of the black freedom struggle. Related Criminal Proceedings The existence and status of any criminal prosecution stemming from the abuse can also be an obstacle to obtaining a collectable judgment. A defendant generally cannot be required to respond to discovery concerning his, her, or its finances until a punitive damage claim is pleaded39 or a judgment is entered against it. Diocese of Steubenville, So. Great Western Bank, So. Therefore, the lawyer should conduct a presuit investigation to determine what evidence is available and how it affects who can be sued and under what legal theories. Of course, the fact that a potential defendant possesses collectable assets at the beginning of a suit does not mean that those assets will still be available to satisfy a judgment entered months or years later.
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