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re: Lawyer question.

Posted on 1/11/18 at 8:11 am to
Posted by SidetrackSilvera
Member since Nov 2012
1953 posts
Posted on 1/11/18 at 8:11 am to
Would you believe it if I told you LA has had caps on medical malpractice judgments for years?
Posted by RougeDawg
Member since Jul 2016
5909 posts
Posted on 1/11/18 at 8:12 am to
Louisiana has one of the highest caps in the country. DOTD gets sued for most fatalities (including DUIs) that happens in a State highway and is always required by the jury to pay out some percentage. Lawyer-politicians have really screwed up this State.
Posted by Boudreaux35
BR
Member since Sep 2007
21578 posts
Posted on 1/11/18 at 8:13 am to
quote:

About a year ago my wife rear ended someone


quote:

What do I need to do


Post pics of your wife.
Posted by S
RIP Wayde
Member since Jan 2007
155890 posts
Posted on 1/11/18 at 8:20 am to
Call Dudley DeBosier.

They’re the official legal sponsor of the LSU fighting Tigers.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18821 posts
Posted on 1/11/18 at 8:23 am to
quote:

Someone could run for governor on tort reform and get the vote of the people.


Mike Foster made it a big part of his campaign, and he passed some significant restrictions of tort law.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47538 posts
Posted on 1/11/18 at 8:25 am to
quote:

Would you believe it if I told you LA has had caps on medical malpractice judgments for years?


Yea that's why this hospital/clinic was built right across the bridge from Natchez in Vidalia. For that exact reason.
This post was edited on 1/11/18 at 8:25 am
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9226 posts
Posted on 1/11/18 at 8:26 am to
Spencer Callahan can catch footballs with and without gloves, so there's that.
Posted by The_Velour_Fog
I pay rent on a rundown place
Member since Aug 2005
487 posts
Posted on 1/11/18 at 8:28 am to

Not to interject rationality, but caps won't do anything for the OP. The article also didn't seem to say anything about rates for consumers (only that payouts went down and reduced the number of suits). Fewer suits/ less payouts is good, but that really only benefits the insurance companies. I believe there is research suggesting the current way most states do tort reform doesn't have much benefit for consumers.

If you want my two cents, prohibit plaintiff attorneys from paying chiros and hack docs to treat the "victims" and that will reduce a LOT of frivolous claims. Or just take the licenses of the chiros and hack docs rubber-stamping road wreck pts and pumping them up with opioids or cutting on them with little justification or conservative care
Posted by Fat Harry
70115
Member since Mar 2005
2219 posts
Posted on 1/11/18 at 8:29 am to
No one takes med mal cases in Louisiana, or Mississippi.

There is a lot of legal fail on this thread.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47538 posts
Posted on 1/11/18 at 8:30 am to
quote:

A year later we got papers because the fat bitch in his car was suing me and him. Even though I had done no wrong in the eyes of the law my insurance company settled and my rates went up.


Sidenote. Apple Sanders tried to sue me once in a similar situation. His daughter was in the backseat of my car getting felt up by a buddy when I totaled the car out by Roller City on Florida Blvd.
Every one was fine. Months later I get a call from an attorney about his daughter being injured in the wreck.
I said "Sir, she was drunk and shirtless in the back seat with no seatbelt on. And she laughed the whole way home about how lucky we were not to have died."

Lawyer never called back.

Posted by udtiger
Over your left shoulder
Member since Nov 2006
99153 posts
Posted on 1/11/18 at 8:32 am to
quote:

You got 30 days to answer


You spelled 15 wrong.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
49034 posts
Posted on 1/11/18 at 8:33 am to
quote:

Did you take pics of the accident? (showing little to no damage)






highly doubtful if the accident was a bunch of nothing
Posted by boosiebadazz
Member since Feb 2008
80399 posts
Posted on 1/11/18 at 8:33 am to
Look up what the med mal cap is in Louisiana. No one here is getting $10 million for amputating the wrong foot.
This post was edited on 1/11/18 at 8:35 am
Posted by SidetrackSilvera
Member since Nov 2012
1953 posts
Posted on 1/11/18 at 8:34 am to
What dollar amount would you happily accept as remuneration for a family member being maimed or killed in a car accident? What about not maimed or killed, but you were rear-ended or side-swiped, or the buggy boy at the big box store runs into your back with the mechanized shopping cart mover, and now your back hurts constantly, which affects your ability to play golf as regularly as you would like. How much would you like for that?
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47538 posts
Posted on 1/11/18 at 8:38 am to
quote:

Look up what the med mal cap is in Louisiana. No one here is getting $10 million for amputating the wrong foot.



Jeez, you fricking lawyers are more worser than IT nerds.

MOOOOOVE!


$3mil McDonalds coffee for example.
And the Natchez Dr's most definitely built in Vidalia b/c of Malpractice insurance rates correlated to State caps in Ms vs La.
This post was edited on 1/11/18 at 8:39 am
Posted by tigerfoot
Alexandria
Member since Sep 2006
56495 posts
Posted on 1/11/18 at 8:40 am to
quote:

or the buggy boy at the big box store runs into your back with the mechanized shopping cart mover
what an odd scenario
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47538 posts
Posted on 1/11/18 at 8:40 am to
quote:

What dollar amount would you happily accept as remuneration for a family member being maimed or killed in a car accident? What about not maimed or killed, but you were rear-ended or side-swiped, or the buggy boy at the big box store runs into your back with the mechanized shopping cart mover, and now your back hurts constantly, which affects your ability to play golf as regularly as you would like. How much would you like for that?


I feel like Simon asked us this exact question almost verbatim in his Fall of 1996 Fin3201 aka B-Law class 1st Floor Ceba.
This post was edited on 1/11/18 at 8:41 am
Posted by boosiebadazz
Member since Feb 2008
80399 posts
Posted on 1/11/18 at 8:44 am to
Avoiding the merits, I think the McDonald’s case was in North Carolina (?), so I’m not sure how that has anything to do with Louisiana.

The Louisiana med mal law was passed in 1975 and capped damages at $500,000(excluding future medical care), and that cap has not been revised since.

Here's a really fun fact: LAMMICO, the largest med mal insurance provider in the state, reported in 2016 that its "loss experience for prior years was more favorable than originally estimated, which resulted in a reduction to the company's claim reserves." They then passed those savings along to their policyholders in the form of a dividend. They have paid almost $54 million in dividends since 2008. LINK

The more you know, Mike
This post was edited on 1/11/18 at 8:50 am
Posted by SidetrackSilvera
Member since Nov 2012
1953 posts
Posted on 1/11/18 at 8:50 am to
So you've had 22 years to think about it. Have you come up with a satisfactory dollar amount?
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11245 posts
Posted on 1/11/18 at 8:50 am to
quote:

DOTD gets sued for most fatalities (including DUIs) that happens in a State highway and is always required by the jury to pay out some percentage. Lawyer-politicians have really screwed up this State.


When's the last time the State actually paid a road defect judgment? I'll hang up and listen.
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