I guess I was wondering who had the burden to prove……and what types of evidence would have to be provided to prove it. And how does that affect potential damages….
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The person asking (Plaintiff) for something has the burden of proving the other side (Defendant) has done a wrong and must pay plaintiff. The defendant does just that, defend against the plaintiff’s claims they are due something.
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Well, in any such case, the plaintiff and their legal team who launch the case must give evidence to support their claim of damages, and then attach a monetary amount to it.
Support would include doctors and medical records, specialists reports, insurance claims, records of past employment income to support claims of lost future income, expenses going forward, etc. You would expect the defense to poke holes in this and call in experts who could rebut the claims. It could get quite ugly.
For instance, insurance companies that don’t want to pay out will sneak around filming people or try to get their acquaintances to blab.
If the plaintiff has a colorful past, I would expect some interesting responses from the defence.
Then it’s up to judge and jury to make a decision. Which can then be appealed.
Oh yes, you’d think a person’s personal life could matter, but it’s surprising how often that part doesn’t make as much difference as you’d think. I mean, if they have a history of bringing claims in bad faith, yeah, that gets sussed out pretty quick. But I used to defend private prisons against 8th amendment claims, and the fact the plaintiff was a felon didn’t ever come up as a reason to deny their claim. And some of the convictions were very “colorful.” You take your plaintiff as you find them.
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Same here. I guess when I was notating events so I could obtain an injunction for protection so that myself or my children weren’t murdered when my abuser went ballistic because I was leaving him was being selfish and not putting my kids first…
Not that the injunction did any good when he violated it. However, the most dangerous time is when you leave your abuser…you have to be smart about it and even then you sometimes don’t get out alive…
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I’m guess this is why she has only shown twice since August 7, 2019. So much for that Silver Medal goal on the fast track! Yet, she brags about being taught 6 days a week for 3 hours a day in the FL heat before jumping in her pool. Sounds to me like she is in pretty good shape for someone shot however many times point blank, center mass.
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@Jealoushe, honest observation and question: The people I see on here who are most critical of her are themselves victims of her IRL. Several came on here to share their experiences. They are her victims. Are you saying they can no longer express themselves or describe their experiences now because she has become the victim of someone else? Because that seems like you are wishing to silence those victims and shame them for sharing their stories here.
Everyone else is generally discussing what has been brought up in these threads through the news, the various legal documents that were filed, or by LK herself.
For instance, you and YD love to harp about someone calling her a herion addict. That information came directly from MB’s response filed over a year ago. So people read it and someone referenced it. That’s all. It wasn’t a case of someone being mean and making something up to accuse her of. They read it in the posted legal filings and mentioned it.
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THIS! ^^
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The plaintiff has the burden to prove damages in a civil case. It can be proven all sorts of ways, thought testimony or documentary evidence. Often it is proven through a combination of the two.
The plaintiff will tender evidence like medical and psych records, tax returns (to show income), pay stubs, employment records, etc. Lay witnesses will testify about how the plaintiff’s life has been impacted, etc.
An expert witness will evaluate all of this evidence and testify as to the total loss to the plaintiff.
The defense can counter with its own expert witness and/or can offer contrary evidence or attack the plaintiff’s evidence.
In the end the fact finder decides what evidence to credit and what damages (if any) should be awarded.
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Where did I ever say anything about being an addict? Can you refresh my memory because none of that rings a bell.
How are these posters her victim? I mean explain to me because as far as I understood they all have said they don’t know her and aren’t involved. Unless they lied?
Are you comparing a PM on CoTH to being a victim of gun violence?
Genuinely asking because I’m lost.
Also just to add to this…. I’m literally just asking people to stop bashing her and cyber stalking her.
There are easy ways to discuss this without the hatred pile on that happens.
Why is that so hard? Like really. I can talk about people I don’t like on here and that I think are sketchy as ever in a way that doesn’t involve all the nastiness seen in these threads constantly.
It’s not that hard but y’all continue to fight for the right.
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It’s comments like these…. That are literally just the hate club and have no value to the conversation and are just another way to carry on with the I hate LK dialogue on here. Why do you care about her medals if you hate her so much?
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The response is actually is very relevant since that is the legal response to discovery in the civil trial. Discovery that had to be compelled because she wouldn’t satisfactorily respond to.
It is not just a comment being made in order to pick on her.
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The legal response is someone trash talking about her not showing and getting her medals?
This is relevant to her health regarding her civil suit. You can twist it any way you want but her activity WILL be questioned. Her showing is even mentioned in the briefs, but as someone else noted, you don’t actually read the public info posted, do you?
Aren’t the court proceedings what we’re discussing?
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Protracted injury. In asserting damages, or charges, the extent of the injury and its affect are part of the calculation.
Let’s say you have a slip and fall case due to damaged sidewalk or a wet floor in a store, or an assault. Whether it be a civil or criminal case, an act which causes a bruise that heals is handled way differently legally than an act that (for instance) causes the victim to be paralyzed for life - i.e. a protracted injury.
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Perhaps it was just YD and if so I conflated your posts. YD definitely harped on that point.
Girl Joey, HaleyBot, and several others have said outright that they know her and have had bad interactions with her, some ending in legal action or attempted legal action. Others say they know her and the actors at MB’s van. Posters, including me, reacted to their reports, screen shots they shared, etc. That’s not cyber stalking or bashing (god, I hate that term, it sounds so middle school to me). It’s reacting to information shared here by people victimised by LK, by people sharing news reports, by people who know the players, and by LK herself. That’s it. No one needs to go search anything anywhere - I know I haven’t. I’ve only consumed the news reports and personal reports shared here. C’est tout.
I have been unequivocal in condemning MB and saying it is right that he pay for what he did. I have supported LK’s side at times and she’s even liked some of those posts [e.g., I disagreed that there is anything called druggie face and further said that there was nothing remarkable at all about her picture in the NYT, it was a nice picture of a woman with nothing bad or negative about it].
I have also reacted in empathy for Girl Joey after seeing some of her screen shots which were frankly shocking in their depravity. And I reacted with absolute disgust with LK putting up a public bad review of people who run a barn in which she mentioned their ethnicity. I have reacted to a lot of what has been shared here, all of which posters garnered from public sources. It’s a true crime discussion of which there are hundreds throughout the interwebz.
You seem to be unable or unwilling to understand that someone can be the victim of a crime and also a victimiser at the same time. I believe she should not have been shot no matter what she did at MB’s barn. I also believe she should not have done to others a lot of things they say she has done and/or are reported that she has done in various public sources. Both of those things can be true at the same time. I believe she should not be messaging people on here with threats and what appears to be untruths in order to harass and intimidate them for participating in this discussion, esp people who have been silent on this subject for some time and the posts that inspired those messages were a year or more old.
Here’s an example that might help you understand: My family and I are the victims of a serious crime. If the perpetrator of that crime subsequently was the victim of a crime themselves and people were discussing it online, I would 100% be on there calling that person down to the darkest pits of hell. Even though they were now also a victim of crime, I would shout from the online rooftop what they had done to us, how they tried to escape accountability, how they dragged out the court case for almost 2 years even though they had no legal defence and ultimately offered none. I would excoriate them for trying to get a plea deal, for asking for no jail time, and for ultimately getting the minimum. They would now be a victim, but I would still be their victim and the crime against them would neither sanitise their past crimes against me or others, nor would it suddenly make them a good person. They’d still be the same bad person and I would have no reason to treat them otherwise just because they became someone else’s victim.
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Probably, I am sure that there was a lot of burnout mixed into that assertion, too.
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Because we have been bullied, or at least she attempted to do so.
When someone brings the crazy, I just watch and take a step back. I’m good on crazy around here, thanks !
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The flounce didn’t last long. For those who are interested apparently YD is now discussing LK and God knows what else in the technical help thread where she was asking how to delete her account. Can’t make this stuff up 
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