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re: Here are the details of the lead tort reform bill for the upcoming session.

Posted on 2/20/20 at 2:34 pm to
Posted by boosiebadazz
Member since Feb 2008
85685 posts
Posted on 2/20/20 at 2:34 pm to
quote:

Why would they take so long if they're injured?


and you’d be calling them frauds trying to gin up a case if they called a lawyer “too soon” after an accident.
Posted by NIH
Member since Aug 2008
122896 posts
Posted on 2/20/20 at 2:35 pm to
He wouldn’t be kept on any jury either. I suspect he makes a lot of Facebook posts.
Posted by boosiebadazz
Member since Feb 2008
85685 posts
Posted on 2/20/20 at 2:43 pm to
I’ve been told by a non-advertising lawyer doing voire dire that he encountered significant juror distaste for the Morris Barts and Gordons of the world.

He addressed advertising in his voire dire (as I do too), but he said these folks on St. Mary Parish were fed up with the billboards and with Gordon. He ended up getting a great result because he’s a good lawyer and had a good case.

Thought that was interesting the jury pool is now even distinguishing between the plaintiff lawyers
This post was edited on 2/20/20 at 2:44 pm
Posted by TigerGman
Center of the Universe
Member since Sep 2006
14041 posts
Posted on 2/20/20 at 3:01 pm to
quote:

I'd do jury duty if I knew I would be chosen for a case like this.



Yeah I'm sure McDonald's will take your jury duty excuse.
Posted by TJG210
New Orleans
Member since Aug 2006
29423 posts
Posted on 2/20/20 at 3:08 pm to
quote:

Lots of people trying to negotiate with the insurance on their own behalf to no avail.


That or watching several months of slip and fall commercials have their lottery ambitions up.
Posted by Motorboat
At the camp
Member since Oct 2007
24172 posts
Posted on 2/20/20 at 3:18 pm to
quote:

That or watching several months of slip and fall commercials have their lottery ambitions up.


Or the insurance company does stupid shite like promise a call back and never does anything.

Or the injured person isn't litigious and the insurance company offers them an insulting amount.

Or the injured person doesn't have health insurance and has nowhere to go for care.

Or the injured person tried to get better, doesn't and consults a lawyer.

quote:

That or watching several months of slip and fall commercials


Please post a single slip and fall commercial. no one advertises for slip and falls, baw.
Posted by FearTheFish
Member since Dec 2007
4478 posts
Posted on 2/20/20 at 3:45 pm to
quote:

No, they still have to pay whatever insurance paid.
Bingo. You can still recover what the subrogation lien is, as well as any other damages you may have (future medical, past lost wages, pain & suffering, etc)
Posted by TJG210
New Orleans
Member since Aug 2006
29423 posts
Posted on 2/20/20 at 4:10 pm to
quote:

Please post a single slip and fall commercial. no one advertises for slip and falls, baw.


“Auto commercials” then

I just find most of the advertisements classless and dishonest. I have no problem with someone advertising their wares, however, having smiling folks (paid endorsers) on billboards bragging about their windfall is over the line.
First of all, no context is offered, if someone is on a billboard smiling with all appendages with a million dollar check that likely is a very inaccurate portrayal. To get that type of settlement I’m certain what occurred was more than a simple fender bender.
Second, isn’t the whole purpose of using an injury lawyer is to be made whole? If so, why treat the situation as if the person had just won the lottery?

Posted by Jake88
Member since Apr 2005
80002 posts
Posted on 2/20/20 at 4:55 pm to
quote:

Yeah I'm sure McDonald's will take your jury duty excuse
Sure. I can just change to the evening shift. Make the fat stax from jury duty and the money from my turn at the deep fryer.
Posted by Tornado Alley
Member since Mar 2012
28522 posts
Posted on 2/20/20 at 5:01 pm to
quote:

If so, why treat the situation as if the person had just won the lottery?


jackpot justice
Posted by geauxpurple
New Orleans
Member since Jul 2014
17382 posts
Posted on 2/20/20 at 5:09 pm to
The most ridiculous part of this is the lowering of the jury threshold to $5000. Half the population will be off of work and sitting in the jury pool room waiting to hear minor cases.
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33362 posts
Posted on 2/20/20 at 5:10 pm to
quote:

Tornado Alley


Posted by TJG210
New Orleans
Member since Aug 2006
29423 posts
Posted on 2/20/20 at 5:35 pm to
quote:

The most ridiculous part of this is the lowering of the jury threshold to $5000. Half the population will be off of work and sitting in the jury pool room waiting to hear minor cases.


If that’s accurate, how can every other state survive?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87406 posts
Posted on 2/20/20 at 6:57 pm to
Boom
Posted by Jake88
Member since Apr 2005
80002 posts
Posted on 2/20/20 at 7:07 pm to
quote:

Second, isn’t the whole purpose of using an injury lawyer is to be made whole? If so, why treat the situation as if the person had just won the lottery? 

Because it's not about being made whole. It's about exaggeration and malingering to hit a lottery. The plaintiffs known it and the lawyers know it.
Posted by biglego
San Francisco
Member since Nov 2007
84750 posts
Posted on 2/20/20 at 7:31 pm to
quote:

Lower jury limits raises the quality of legal work on both sides. Much harder to be lazy with motion practice when you are staring down a jury trial vs. a drawn out settlement.


That’s been my observation in going from Louisiana to Texas. I think the proposals in the OP are already the law in Texas and likely many states. Except Texas allows jury trials for anything, which seems excessive.
Posted by Slippy
Across the rivah
Member since Aug 2005
7690 posts
Posted on 2/20/20 at 7:40 pm to
I’m an insurance defense lawyer for almost 30 years. 95% of my work is on commercial policies ($1 million and up). I know how this game works on all sides. I realize that by advocating for tort reform I am probably taking food off my own table. Oh well.

The personal injury lawsuit industry in this state is unparalleled in America. We are referred to by respected national publications as a judicial cesspool. And you know what? It’s true. And it’s not just about people’s personal auto insurance premiums. It’s about business.

You people are always on here complaining about how there is no industry and no jobs in this state? NOTHING does more to drive away business, and keep new business from coming, than a fricking lawsuit culture. It’s terrible. If you deny what I am saying is true, you are a goddamned idiot.

frick it all. I’m looking to retire before long anyway.
Posted by I B Freeman
Member since Oct 2009
27843 posts
Posted on 2/20/20 at 7:42 pm to
We really need to be more like the Commonwealth countries like Canada.

Very few lawsuits.

Loser pays. The lawyers have to post a bond to cover the expenses of the other side before getting a trial consequentially matters are settled out of court almost every time.

The other thing loser pay does is to help people with small claims. Today if you have a legit $1000 claim you can't get any lawyer to help you. Under loser pay your lawyer would get paid regardless of the size of your claim. No contingency--just hourly billing.

Posted by brewhan davey
Audubon Place
Member since Sep 2010
33362 posts
Posted on 2/20/20 at 7:48 pm to
Posted by TJG210
New Orleans
Member since Aug 2006
29423 posts
Posted on 2/21/20 at 7:33 am to
quote:

NOTHING does more to drive away business, and keep new business from coming, than a fricking lawsuit culture


Absolutely!
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