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re: Frivolous Car Accident Lawsuit Has Finally Hit Close To Home

Posted on 6/5/19 at 1:22 pm to
Posted by boosiebadazz
Member since Feb 2008
84361 posts
Posted on 6/5/19 at 1:22 pm to
quote:

Let's just be honest about what is going on in Louisiana. A trend of entitlement has been created by the injury attorneys. Calling it anything else is a lie


I've been pretty open about my job, biases, and my personal experience in the system. What's your connection to it to make you think a trend of entitlement has been created by the injury attorneys?
Posted by meansonny
ATL
Member since Sep 2012
26028 posts
Posted on 6/5/19 at 1:24 pm to
quote:

Again, I think you're misunderstanding what his post was. The chick who sued was the one who slammed on her brakes for a dead kitten in the road.

The car behind her that had to react and hit the trailer hitch wasn't the one who sued.


It is obvious.
The girl who got hit from behind by a vehicle traveling 55mph and braking as hard as possible was the one who received compensation for her injuries.

The notion that steel and aluminum equate equally to damage suffered by cartiledge and soft tissue is grossly misleading. That is my point.

We would all like to think of ourselves as transformers. But it isn't the truth. The human body is more frail than the personal passenger automobile. Facts are facts.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59051 posts
Posted on 6/5/19 at 1:27 pm to
quote:

But to suggest that all, or even most, personal injury suits that are filed are frivolous is just not accurate at all.


Most are filed to interrupt prescription. The other problem is virtually everyone who thinks they know insurance also thinks that any time an injury claim is filed, someone is “getting sued.”
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59051 posts
Posted on 6/5/19 at 1:28 pm to
Never did he say the actual speed anyone involved was traveling.
Posted by TDsngumbo
Member since Oct 2011
48942 posts
Posted on 6/5/19 at 1:28 pm to
quote:

boosiebadazz

Do you work for yourself or with a larger firm? NOLA or BR?

Serious questions, as I'm genuinely curious.
Posted by boosiebadazz
Member since Feb 2008
84361 posts
Posted on 6/5/19 at 1:29 pm to
To keep some measure of anonymity, I'll say I work in a firm of about 7-10 lawyers in a city in the southwest part of the state.
Posted by boosiebadazz
Member since Feb 2008
84361 posts
Posted on 6/5/19 at 1:32 pm to
We had a guy who was the risk manager of the city where I live who thought every claim against the city was bullshite and would fight them vigorously. Was difficult to deal with but he was just doing his job.

He was tapped from the side while backing up from a parking spot, herniated a disc in his neck, and had to have a one-level fusion.

He moved on from the risk management spot, but he did such a 180 after going through it personally. I hate it had to happen that way for him because he's a nice guy, but I can't help but think of that story whenever the "no property damage so they can't be injured" folks show up.
This post was edited on 6/5/19 at 1:33 pm
Posted by meansonny
ATL
Member since Sep 2012
26028 posts
Posted on 6/5/19 at 1:32 pm to
quote:

Never did he say the actual speed anyone involved was traveling.


quote:

by NYCAuburn
I was riding with a girl back in college. old pick up in front of us slammed on their brakes to a dead stop on a 55mph state hwy. All because their was a dead kitten in the road. like it had been run over numerous times, dead.
Posted by meansonny
ATL
Member since Sep 2012
26028 posts
Posted on 6/5/19 at 1:36 pm to
quote:

We had a guy who was the risk manager of the city where I live who thought every claim against the city was bullshite and would fight them vigorously. Was difficult to deal with but he was just doing his job.

He was tapped from the side while backing up from a parking spot, herniated a disc in his neck, and had to have a one-level fusion.

He moved on from the risk management spot, but he did such a 180 after going through it personally. I hate it had to happen that way for him because he's a nice guy, but I can't help but think of that story whenever the "no property damage so they can't be injured" folks show up.


It's hard. It is often too easy to judge.

My hope is that people go about their day trying to do the right thing.

Claims adjustors should be about doing the right thing.
Plaintiffs should be about doing the right thing.
Lawyers should be about doing the right thing.

I know that people fall short of that standard a lot.
But the blind eyes of justice needs to proceed with caution in terms of ebbing to the flow of a mob mentality.
Every case should stand on its own.
Posted by TDsngumbo
Member since Oct 2011
48942 posts
Posted on 6/5/19 at 1:39 pm to
Fair enough. For some reason I always thought you were closer to the BR/NOLA area.

Question: do you turn cases away from people who are clearly just trying to game the system or do you accept any and every case that has a shot at winning? In other words, if someone comes in and it's clear they're just trying to make a quick buck do you tell them go kick rocks?

I have always wondered if lawyers do that or not.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59051 posts
Posted on 6/5/19 at 1:41 pm to
Yes, thanks for proving my point. The speed limit of the road was listed, you assumed they were going 55.

ETA, you also assumed the collision occurred while traveling 55.
This post was edited on 6/5/19 at 1:42 pm
Posted by Lake Vegas Tiger
Lake Vegas
Member since Jun 2014
3283 posts
Posted on 6/5/19 at 1:46 pm to
Everyone is a whiny pussy until they are injured then come begging for help, so many retards think tort reform is a good thing until they are crippled for life with nothing to compensate their losses
Posted by boosiebadazz
Member since Feb 2008
84361 posts
Posted on 6/5/19 at 1:47 pm to
quote:

Question: do you turn cases away from people who are clearly just trying to game the system or do you accept any and every case that has a shot at winning? In other words, if someone comes in and it's clear they're just trying to make a quick buck do you tell them go kick rocks?



You can tell pretty early on whether they're after a quick buck or not. We err on the side of taking the case if it's a toss-up and letting them get some medical treatment. We trust the doctors we use and have a policy where we ask them to call us if they see something medically that makes them think the client is faking it. It's happened before and we cut the client loose. The doctors only get paid if the case is settled and money is recovered, so they have an interest in rooting out fraud as well. I've also heard of plaintiff's lawyers hiring surveillance on their own client, but we've never done that.
quote:


I have always wondered if lawyers do that or not.


I can't speak to other firms, as I've only been with this firm since I got out of school, but my bosses taught me early on that you will deal with the same adjusters, defense attorneys, and judges throughout your career and that no one case is worth sacrificing your character and integrity over. We also don't have to take trash cases to keep the lights on as we're an established firm and have plenty enough work to keep the lights on and keep us busy.

This post was edited on 6/5/19 at 1:50 pm
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57010 posts
Posted on 6/5/19 at 1:51 pm to
quote:

It is obvious.
The girl who got hit from behind by a vehicle traveling 55mph and braking as hard as possible was the one who received compensation for her injuries.



Obvious? I was in the car in the back with the girl whose insurance company got sued. I am not sure there many at fault accidents from the person being hit....

quote:

The notion that steel and aluminum equate equally to damage suffered by cartiledge and soft tissue is grossly misleading. That is my point.


Steel vs plastic/paint...Have you ever seen a minor accident involving a trailer hitch and front bumper...


Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59051 posts
Posted on 6/5/19 at 1:52 pm to
This guy can’t comprehend what you said then had the audacity to tell someone “read my post” in a follow up reply.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57010 posts
Posted on 6/5/19 at 1:53 pm to
quote:

This guy can’t comprehend what you said then had the audacity to tell someone “read my post” in a follow up reply.




I stepped out for a bit and our accident and the facts changed completely

FWIW, read a but carefully and you can see that I was in the back

quote:

I was riding with a girl back in college.


quote:

harassed the girls family and eventually got $75k from the insurance company.



Then you have

quote:

We hit the trailer hitch/ball on this ladies truck. All it caused on the front bumper of a nissan maxima was a 1.5" scratch in the paint.... She needed an ambulance,


This post was edited on 6/5/19 at 1:57 pm
Posted by TDsngumbo
Member since Oct 2011
48942 posts
Posted on 6/5/19 at 1:54 pm to
quote:

my bosses taught me early on that you will deal with the same adjusters, defense attorneys, and judges throughout your career and that no one case is worth sacrificing your character and integrity over.

That's a great way of conducting yourself.

Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 6/5/19 at 1:55 pm to
quote:

I would have even traded lowering the threshold to $25,000


That's still like $10,000 higher than the next closest state.

The next highest threshold is $15,000.

36 states don't have a threshold and they're doing just fine.

Louisiana is a goddamn outlier and is doing it all wrong. As per usual.
Posted by boosiebadazz
Member since Feb 2008
84361 posts
Posted on 6/5/19 at 2:01 pm to
quote:

That's still like $10,000 higher than the next closest state.

The next highest threshold is $15,000.

36 states don't have a threshold and they're doing just fine.

Louisiana is a goddamn outlier and is doing it all wrong. As per usual.


You ok with increasing funding from the State to facilitate more jury trials? I am. I'm also ok with more jury trials. But I didn't see increased funding attached to the LABI bill.
Posted by crazycubes
Member since Jan 2016
5256 posts
Posted on 6/5/19 at 2:11 pm to
They simply want the insurance money. They will “settle” for that.
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