Did anybody else compete in this race and get a letter about a settlement for the sickness (sorry, cannot remember the name of the infection) some incurred from the lake water?
Evidently, one or more of the racers who became ill decided to sue USAT and the race organizers. They agreed to a settlement of $250,000 if my memory serves me correctly. Now, I do not understand lawsuits all that well, but the letter asked if I wanted to file a claim to be included in the settlement. The fact that some one decided to sue kind of has my shorts in a bunch. I realize I have no information on their condition, or if the illness caused some kind of permanent damage, but I think we enter these events at our own risk. And I could get on a soap box all day long about how lawsuits are the bane of our society (not that all lawyers are ticks in ties). There is a place for compensation due to obvious negligence, but that definition has gotten so fuzzy, too many feel “entitled”. OK, rant over.
Here’s my question: If the settlement amount was established, and they determine the attorneys get a certain part of that amount, does the rest get split evenly with all of the persons who file a claim?? So if everyone who did this race sent in their claim form, would that lessen the amount that goes to each person (including the money grubbers who filed the original suit)? My first thought was just to trash the letter and forget it. I don’t want or need the money, but if this works, maybe we can set up a charity contribution fund for all the participants. And I’m sure we could pool our resources to get the word to most all those who participated. But wouldn’t that be some form of justice so those individuals don’t get it all??
This is very basic, and based on incomplete information and assumptions, but I’ll give it a shot. I’m assuming this was a notice that a class action lawsuit was brought. I don’t know if it’s in state or federal court, but generally speaking, when a class action lawsuit is properly brought, anyone within the class (here, I’m assuming it’s all participants in the 1998 Springfield Ironhorse triathlon who contracted this illness) will be notified of the action and given a chance to opt in or out of the class. If you opt in, you become part of the class and may share in the settlement. If you opt out, you can bring your own individual lawsuit (assuming you haven’t missed the statute of limitations or some other procedural hurdle) or just choose not be a part of ANY legal action.
There will be a cut-off date at which time the size of the class will be finally determined and then the amount that goes to each class member will be fixed. I don’t know how it works in this particular case because I don’t know the jurisdiction, but in some jurisdictions, the representative class member(s) (those “money-grubbers” that brought the suit) may get more than other class members because they took the initiative to bring the case, provide information, testify at deposition (and maybe trial), and participate actively in the case.
In other words, it all depends on a lot of factors. My thought is that if you have a philosophical opposition to “profiting” off of lawsuits like this, opt out of the class by either checking the box that says you opt out, or by not returning the form at all.
Disclaimer: This is not legal advice and I am not your lawyer. I make no warranties about the accuracy of this information, particularly in light of the scarcity of important facts particular to this matter. If you want to know what your options REALLY are, I’d consult a licensed lawyer in your area.