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re: Private personal injury attorney vs. large firm

Posted on 4/6/16 at 3:23 pm to
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81744 posts
Posted on 4/6/16 at 3:23 pm to
Lawyer
Posted by VetteGuy
Member since Feb 2008
28336 posts
Posted on 4/6/16 at 3:26 pm to
OK, so you mean your client had a lawyer (you), but the gal had no lawyer?

So a lawyer was involved, right?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81744 posts
Posted on 4/6/16 at 3:28 pm to
quote:

To clarify, I am referring to things like diminished value.

Oh, yeah. They don't like that. Pretty tough to establish.

quote:

Insurance companies are like crime, they don't pay.
This is total bullshite.

quote:

a fender bender or minor accident would probably not require the services of lawyer
I have seen some pretty big payments arising out of impacts that basically removed dust from a bumper. That stipulation to 50K or less is a bitch.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81744 posts
Posted on 4/6/16 at 3:29 pm to
quote:

OK, so you mean your client had a lawyer (you), but the gal had no lawyer?

The plaintiff had no lawyer. She convinced the two companies to pay those amounts. One of the two companies had a lawyer.
Posted by Neauxla
New Orleans
Member since Feb 2008
33449 posts
Posted on 4/6/16 at 3:40 pm to
quote:

The plaintiff had no lawyer. She convinced the two companies to pay those amounts. One of the two companies had a lawyer.
And she got $70k? Probably had a fusion which cost her 50k and your client convinced her 20k was adequate compensation for her pain and suffering, right?
Posted by MoonrakerElite
Member since Mar 2016
518 posts
Posted on 4/6/16 at 3:42 pm to
quote:

And she got $70k? Probably had a fusion which cost her 50k and your client convinced her 20k was adequate compensation for her pain and suffering, right?




This was my thinking. $70,000 for a $20,000 loss is great. $70,000 for a $60,000 loss is terrible.

Also, if the party paying $20,000 is represented by a lawyer, it's safe to assume that the lawyer was more than happy to cut that check because the claim was worth a lot more


ETA: and if USAA paid the 50k and was represented, then that was probably the policy limit and the loss was either close to or beyond the policy limits.
This post was edited on 4/6/16 at 4:01 pm
Posted by Motorboat
At the camp
Member since Oct 2007
22707 posts
Posted on 4/6/16 at 3:48 pm to
quote:

The plaintiff had no lawyer. She convinced the two companies to pay those amounts. One of the two companies had a lawyer.


I've sat and watched this thread for a bit. I'm gonna need some more information before I bestow a crown on USAA here.
Posted by L5UT1ger
Member since Feb 2004
2604 posts
Posted on 4/6/16 at 3:50 pm to
quote:

Probably had a fusion which cost her 50k and your client convinced her 20k was adequate compensation for her pain and suffering, right?


She is now a quad who can no longer work as a riverboat pilot.
Posted by DaTroof
Louisiana
Member since Jun 2015
979 posts
Posted on 4/6/16 at 3:50 pm to
quote:

We don't escalate our % if suit is filed


OK, but the injured individual has to pay out of their own portion for the filing fees (and all other fees associated with the case). While a suit is necessary in many cases to get a fair offer, most cases don't actually make it to court. Generally speaking these cases settle out of court. Not saying the attorney deserves nothing, but many of these cases only take a few hours of legitimate work for attorneys and they are getting tens of thousands of dollars. It's bullshite.
Posted by Motorboat
At the camp
Member since Oct 2007
22707 posts
Posted on 4/6/16 at 3:59 pm to
quote:

Not saying the attorney deserves nothing, but many of these cases only take a few hours of legitimate work for attorneys and they are getting tens of thousands of dollars. It's bullshite.


This can be true, but there are also times when I spend many hours on a small case and make $20/hour. In the cases where I spend a small amount of time and the fees are large or I feel the fee is excessive, I will often reduce my fees. The attorney also takes considerable risk in expenditures that the client often cannot pay.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81744 posts
Posted on 4/6/16 at 4:01 pm to
quote:

The plaintiff had no lawyer. She convinced the two companies to pay those amounts. One of the two companies had a lawyer.
And she got $70k? Probably had a fusion which cost her 50k and your client convinced her 20k was adequate compensation for her pain and suffering, right?
I totally misremembered. USAA paid $100K. Meds were under $50K. She negotiated that down with blue cross after the USAA payment. No fusion. right hip arthroscopy w/ labral repair.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81744 posts
Posted on 4/6/16 at 4:02 pm to
quote:

it's safe to assume
You do this poorly.
Posted by DaTroof
Louisiana
Member since Jun 2015
979 posts
Posted on 4/6/16 at 4:03 pm to
quote:

I will often reduce my fees


Look, I don't know you and I'm sure you're telling the truth, but surely you don't expect anyone to believe that the majority of attorneys do this. Ever

quote:

The attorney also takes considerable risk in expenditures that the client often cannot pay


Nah, in fact personal injury attorneys take very little risk. Your previous statement just got less believable.
Posted by kellyval99
Baton Rouge, LA
Member since Dec 2003
3439 posts
Posted on 4/6/16 at 4:05 pm to
quote:

The amount that goes to pay your doctor bills shouldn't be part of what the attorney gets. The attorney should get 30% of what he/she can negotiate AFTER medical bills. Would be tough to find an attorney to do this, but trust me, it's possible and only fair in my opinion.


Good luck with that one! Most attorneys don't work that way!
Posted by MoonrakerElite
Member since Mar 2016
518 posts
Posted on 4/6/16 at 4:05 pm to
quote:

You do this poorly



quote:

I misremembered



As do you.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81744 posts
Posted on 4/6/16 at 4:06 pm to
quote:

We don't escalate our % if suit is filed,
I know a guy that not only raises from 33 and 1/3 to 40, but has filed suit for people that have fired him, AFTER he was fired.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81744 posts
Posted on 4/6/16 at 4:07 pm to
quote:

As do you.
No.
Posted by MoonrakerElite
Member since Mar 2016
518 posts
Posted on 4/6/16 at 4:08 pm to
quote:

Nah, in fact personal injury attorneys take very little risk. Your previous statement just got less believable.



A lot of stuff in this thread is debatable. This isn't.

If an injured client is uninsured, the PI attorneys have no clue what the policy limits are 99% of the time. They have to balance paying their clients medicals against what the policy might be.

Now, if a client comes in with $10,000 in injuries and $100,000 in UM coverage, your statement is completely true. But that isn't the case most of the time.
Posted by DaTroof
Louisiana
Member since Jun 2015
979 posts
Posted on 4/6/16 at 4:09 pm to
quote:

Most attorneys don't work that way


There are some that will. Attorneys know a good case when they see one. If they know you're about to get paid and you're going somewhere else if they aren't a little more reasonable with their fees, they will negotiate. They know there is another attorney out there that will negotiate fees with you and they just lost out on easy money.
Posted by VetteGuy
Member since Feb 2008
28336 posts
Posted on 4/6/16 at 4:09 pm to
quote:

Insurance companies are like crime, they don't pay. This is total bullshite.


Fair enough. I should've said they don't like to pay. The problem is they don't like to pay what they legitimately should pay. Clearly, it is best to have a lawyer representing you. Much like your client did when "a lawyer wasn't involved".

Diminished value is very easy to ascribe, at least on cars.

Look, I've tried being a nice guy in these deals. It almost never works, much like your client, I believe in representation.

Maybe the woman got a fair deal, maybe she didn't. I think she took a foolish risk.
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