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re: Costs/compensation in US Tort system rising faster than GDP

Posted on 5/18/25 at 8:54 pm to
Posted by RFK
Mar-a-Lago
Member since May 2012
2680 posts
Posted on 5/18/25 at 8:54 pm to
quote:

Penalizing a company or CEO should not equate to making attorneys and their clients multi millionaires when much less makes their clients whole.
You want to talk about “making whole?”

How much is an an arm worth? A leg? The ability to provide for your family and not have to use the bathroom in a bag for the rest of your life? Now imagine it’s you in those scenarios. It’s always worth more, then.

Until we invent a Time Machine to send companies back to fix their negligence, money is the only remedy we have.

In all my years I never had one client who wouldn’t pay back double their lawsuit compensation out of their own pocket if they could just truly be made whole again.

This post was edited on 5/18/25 at 9:15 pm
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45119 posts
Posted on 5/18/25 at 8:57 pm to
quote:

Courts don’t entertain bogus lawsuits




This post was edited on 5/18/25 at 8:57 pm
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40212 posts
Posted on 5/18/25 at 9:04 pm to
quote:

Penalizing a company or CEO should not equate to making attorneys and their clients multi millionaires when much less makes their clients whole.


How much would I have to offer for you to entertain a proposal for me to hack off one of your legs?
Posted by Turbeauxdog
Member since Aug 2004
24088 posts
Posted on 5/18/25 at 9:04 pm to
quote:

A case based on a legitimate cause of action


The "legitimate cause of action" is based on a corrupt lawyer convincing an opportunistic plaintiff that they can use a complicit doctor to create a "legitimate cause of action" when there is none.

They trade on the legitimacy of the bar and medical board to give this fantasy legitimacy.

The boards and bars need to address this, but they won't. Because they are trash.
Posted by TJG210
New Orleans
Member since Aug 2006
29271 posts
Posted on 5/18/25 at 9:14 pm to
quote:

How much is an an arm worth? A leg? The ability to provide for your family and not have to use the bathroom in a bag for the rest of your life? Now imagine it’s you in those scenarios. It’s always worth more, then.


No one is complaining about these situations you idiot. It’s the zillions of bullshite soft tissue injuries that’s costing citizens the majority of money.
Posted by wareaglepete
Lumon Industries
Member since Dec 2012
17416 posts
Posted on 5/18/25 at 9:26 pm to
You know that most slip and fall attorney cases don’t make it to court because they are settled. It’s a lawyer and insurance guy in a room filling out paperwork.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30023 posts
Posted on 5/18/25 at 9:28 pm to
quote:

The "legitimate cause of action" is based on a corrupt lawyer convincing an opportunistic plaintiff that they can use a complicit doctor to create a "legitimate cause of action" when there is none.


Again this is the disconnect between the legal definition of frivolous COA and a laymen's interpretation.

While you didn't mention it I will assume you are talking about a vehicle collision case. If their was an actual collision where it is reasonable that one person was at fault to the degree that it meets the local jurisdictional laws for a negligence cause of action then it is not a frivolous case. You are discussing padded and/or fraudulent damages claims. Those are two very different animals. You can have a legitimate base cause of action but a completely fraudulent set of medicals.

The problem is that most types of tort reform end up hurting the legitimate litigants over the fraudulent ones. Fully legitimate cases are stuck with the facts as they happened the fraudulent ones can make up facts to circumvent any tort reform as long as tort recovery in some form still exists.
Posted by dallastigers
Member since Dec 2003
9446 posts
Posted on 5/18/25 at 9:33 pm to
quote:

How much is an an arm worth? A leg? The ability to provide for your family and not have to use the bathroom in a bag for the rest of your life? Now imagine it’s you in those scenarios. It’s always worth more, then.

Yet you still take 30% to 40% of what is making them whole…

Regardless that’s what a good attorney should be getting in compensation instead of pushing to profit themselves on punitive damages.

Pretty basic stuff
quote:

Compensatory damages are designed to make the injured party whole again by providing financial restitution for actual losses suffered. This category can be further divided into economic and non-economic damages. Economic damages encompass quantifiable losses such as medical expenses, lost wages, and property damage, while non-economic damages address more subjective harms like pain and suffering or emotional distress.

Punitive damages, on the other hand, are not intended to compensate the victim but rather to punish the wrongdoer for particularly egregious behavior and deter similar conduct in the future.


Quit being an ambulance chaser or supporting ambulance chasers like Gordon. If it’s that important you should take hourly rates from all your clients and let them keep all their compensation instead enriching yourself by taking 30% to 40% of what was supposed to make them whole. Instead you are looking out for yourself and acting like you are doing the world a service.

Judges are getting worse than plaintiff attorneys, so trusting them to real like ambulance chasers is pointless.


This post was edited on 5/18/25 at 9:34 pm
Posted by dallastigers
Member since Dec 2003
9446 posts
Posted on 5/18/25 at 9:35 pm to
quote:

How much would I have to offer for you to entertain a proposal for me to hack off one of your legs?


I would have to pay you 30% to 40% of that
Posted by limnalspace23
Member since Jul 2024
8 posts
Posted on 5/18/25 at 10:04 pm to
quote:

I’m on defense / commercial side and I do not necessarily agree with tort reform either. But when the going rate on an industrial death case is $25-30 million, expect insurance and corporate America to respond accordingly.


"industrial death case" - a worker's comp death case is not worth much money at all. When a negligence case is brought, most death cases aren't worth all that much either, compared to say a living plaintiff with multiple surgeries and a need for future medical care, missing limbs etc.

What cases are regularly getting to 25-30 million?
Posted by NIH
Member since Aug 2008
119689 posts
Posted on 5/18/25 at 10:18 pm to
In an industrial/complex construction setting there may be 5-6 different entities doing work.

And in Texas, many are getting to that point. There’s a reason the legislature is battling over non-economic damage caps.
This post was edited on 5/18/25 at 10:19 pm
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
49830 posts
Posted on 5/18/25 at 10:21 pm to
What a bunch of Jewish media bullshite
Posted by Jim Rockford
Member since May 2011
104281 posts
Posted on 5/18/25 at 10:30 pm to
quote:

The Louisiana House of Representatives voted Wednesday to expand who can sue and be sued over abortions and to expand the definition of an illegal “coerced abortion.”

The legislation comes as anti-abortion advocates seek to crack down on doctors who ship of abortion-inducing medication to states where abortion is illegal. In nearly all cases, abortion has been illegal in Louisiana since the U.S. Supreme Court overturned Roe v. Wade in June 2022.

House Bill 575 by Rep. Lauren Ventrella, R-Greenwell Springs, passed on a 59-29 vote. She has dubbed her proposal the “Justice for Victims of Abortion Drug Dealers Act,” though it would apply to all forms of the procedure.

Ventrella’s bill is supported by Attorney General Liz Murrill, who is currently prosecuting a case against a New York doctor accused of providing abortion-inducing medication to a minor in West Baton Rouge Parish. Gov. Kathy Hochul has refused to extradite the doctor to Louisiana to face charges, citing New York’s shield laws.


LINK
Posted by Flick007
Member since Dec 2023
212 posts
Posted on 5/18/25 at 11:45 pm to
Insurance companies are making record profits. Tort reform has not worked in the past. Insurance rates consistently up after tort reform occurs. Insurance companies put out propaganda like this all the time hoping you won’t look at their 10-q and 10-k reports showing how egregious premiums lead to massive profits.

Ambulance chasing billboard lawyers are wretched. There are legitimate claims, but there are a lot of claims that are garbage. It is cheaper to settle than try. And to ensure the claims go to a judge instead of a jury on these BS claims, the threshold requirement for jury trials is inflated. Judges then strong arm so they don’t have to sit in trial for two days. While the same handful of doctors and experts treat and get retained as experts over and over. The judges and doctors/medical professionals are just as much to blame as the ambulance chasers.

And, the high verdicts are often because so many people do everything they can to get off jury duty. We see it on this board all the time. We’d rather complain about the system and then skip out on jury duty than participate in the process.

Just another example of how our democracy continues to erode from within in the U.S. No other countries have this ridiculous system. Insurance industry makes insane money at the expense of their customers. They are all soulless (claims adjusters, sales people and corporate). Lawyers make insane money off the backs of their clients. Doctors and medical professionals make insane money off repeat customers/patients being referred repeatedly, and judges get re-elected off of money from the plaintiffs bar. And insurance defense lawyers get paid massive money to work a case up just to settle it.
Posted by TJG210
New Orleans
Member since Aug 2006
29271 posts
Posted on 5/19/25 at 12:10 am to
quote:

Insurance companies are making record profits. Tort reform has not worked in the past. Insurance rates consistently up after tort reform occurs. Insurance companies put out propaganda like this all the time hoping you won’t look at their 10-q and 10-k reports showing how egregious premiums lead to massive profits.


If this were the case, why is Louisiana unfairly singled out relative to other nearby states? Why isn’t other states official state billboard an ambulance chaser?

quote:

The judges and doctors/medical professionals are just as much to blame as the ambulance chasers.


Absolutely and the doctors need to be brought to heel as well.

quote:

And, the high verdicts are often because so many people do everything they can to get off jury duty.


As has been mentioned, it’s not the high limit suits that are the problem (I assume most of those are somewhat legit), it’s the soft tissue shite that’s a $20-50k windfall. The billboard scum are allowed to advertise happy smiling people with all their limbs intact bragging about their $500k windfall as if they had just won it on a slot machine.

I was involved in an extremely minor fender bender at less than 5mph, it took a yr and a half and god knows how much to settle with those cretins awards well into 5 figures. Not a single one actually went to a legit doctor or emergency room, all to shite hole clinics that work with attorneys.
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