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re: I represent truckers for a living, and you know what they remember about Louisiana?

Posted on 6/30/17 at 9:15 pm to
Posted by lsu2006
BR
Member since Feb 2004
40086 posts
Posted on 6/30/17 at 9:15 pm to
I did a tiny bit of digging into some tort reforms that Texas has adopted in the last 10-20 or so years and they're all things that already exist in La. - pure comparative fault, cap on med mal damages (they didn't adopt this til 2003), strict limitations on punitive damages, judgments on offer of judgment. The only reform I saw that directly diverged from La law was allowing evidence of a plaintiff's not wearing a seatbelt to be introduced for purposes of assessing fault.
Posted by NIH
Member since Aug 2008
119779 posts
Posted on 6/30/17 at 9:19 pm to
Most of these people have no clue about how a plaintiff lawyer practices. They have some warped idea that the attorney makes $$$ off volumes of claims, quality or not. In reality, it's nothing like that, especially for auto claims.
Posted by Halftrack
The Wild Blue Yonder
Member since Apr 2015
2763 posts
Posted on 6/30/17 at 9:42 pm to
Insurers love the billboard lawyers. They settle everything. The deal is, we'll pay a little on every claim, don't hurt us on the big ones.

Billboard lawyers = tort reform.

Forbes Article
Posted by NIH
Member since Aug 2008
119779 posts
Posted on 6/30/17 at 9:47 pm to
There isn't a "deal", it's not effective for insurance companies to litigate forever over small amounts when there is clear liability. Conversely, they'll almost always fight slip and fall/premises liability because liability is in question and there's a high chance to win on a motion for summary judgement.
Posted by theronswanson
House built with my hands
Member since Feb 2012
3195 posts
Posted on 7/1/17 at 10:09 am to
quote:

cap on med mal damages


Louisiana has had this for decades. Did malpractice insurance go down moreso than states without caps? Nope. Insurers charged the same or more. They charged the same but just pocketed the money they werent paying for claims. Its almost as if insurance companies are motivated by profit...
This post was edited on 7/1/17 at 10:19 am
Posted by chinhoyang
Member since Jun 2011
25588 posts
Posted on 7/1/17 at 10:14 am to
I wish that lawyer advertising would be banned (and I'm a lawyer).

Litigation culture story: Two of my client's company trucks are following each other. One of the trucks hits the other (and neither truck was marked in any way). Guy comes out of the hood (near Barksdale), approaches one of the drivers and says "hey, I saw everything and it is the other's guy's fault and I'll say that for $50." Driver says "no." Guy, not realizing that both trucks are owned by the same company, goes over to the other driver and makes the same offer.

Texas has almost no lawyer involvement in workers comp. Here, it is a gravy train for the lawyers (and not just the plaintiff's lawyers).
Posted by theronswanson
House built with my hands
Member since Feb 2012
3195 posts
Posted on 7/1/17 at 10:21 am to
quote:

Texas has almost no lawyer involvement in workers comp. 


Sounds good until you are an injured Texas worker and get run roughshed by your employer.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
13435 posts
Posted on 7/1/17 at 10:24 am to
quote:

Texas has almost no lawyer involvement in workers comp. Here, it is a gravy train for the lawyers (and not just the plaintiff's lawyers).

WC in Lousiana is a gravy train? Most P.I. lawyers won't touch it with a 10 foot pole it's such a low paying bitch. :
Posted by lsu2006
BR
Member since Feb 2004
40086 posts
Posted on 7/1/17 at 10:26 am to
quote:

chinhoyang

Is there any topic of discussion in which you aren't completely full of shite?
Posted by 610man
Louisiana
Member since Jun 2005
8202 posts
Posted on 7/1/17 at 10:29 am to
Yea, those clowns don't realize that without trucks, this country would be a disaster, more so than it is now
Posted by NIH
Member since Aug 2008
119779 posts
Posted on 7/1/17 at 10:47 am to
LABI won't quit until we are all drinking Brawndo and getting legal help at Costco.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465820 posts
Posted on 7/1/17 at 10:51 am to
if you want to talk volume-based firms, WC is the "go to" example

there are advantages to WC over standard PI (medicals paid for, fault isn't an issue, etc), but your potential rewards are literally castrated (and most are not big cases anyway). it takes a certain breed to work in volume-based industries
Posted by T Blair
Member since Feb 2013
409 posts
Posted on 7/1/17 at 11:54 am to
Personal injury attorneys are the scum of the earth. They find refuge in scumbag democrats unwilling to make reforms to the legal system in Louisiana.

The scumbag personal injury attorneys also find refuge in scumbag doctors. There is no scumbag personal injury attorney without a scumbag pain management doctor, neuro, or ortho. The scumbag Gordon's of the world have their 5 or 6 doctors that they send clients too. The doctors know who the patients are coming from so they continue to treat and treat and treat, driving up medicals, future meds, and pain and suffering damages. It's a terrible racket. The scummy doctors out there are just as bad as the scummy lawyers. I can't tell you how many accidents I've dealt with where a plaintiff was involved in a 5 mph accident and some scumbag pain management doctor testifies that the plaintiff will need nerve blocking injections for their rest of their life at $10k an injection. The scummy neuros in bed with the Gordon's will cut on anyone. It's pathetic.

The insurance companies are the ones that get fricked, and they just pass the cost along to us. While a PI attorney will claim they're not doing anything wrong, at the end of the day we all end up getting fricked.
This post was edited on 7/1/17 at 11:57 am
Posted by NIH
Member since Aug 2008
119779 posts
Posted on 7/1/17 at 12:02 pm to
What reform do you propose? Every car wreck is different, you can't exactly cap damages on every wreck.
Posted by T Blair
Member since Feb 2013
409 posts
Posted on 7/1/17 at 12:06 pm to
More stringent medical review panels for doctors over treating would be nice.
Posted by lsu2006
BR
Member since Feb 2004
40086 posts
Posted on 7/1/17 at 12:11 pm to
quote:

More stringent medical review panels for doctors over treating would be nice.

Defendants can appoint their own independent medical examiner, but I'm sure you know that
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465820 posts
Posted on 7/1/17 at 12:12 pm to
do you mean within the litigation or just general doctor review/regulation?

if the latter, isn't your issue with the doctors of LA and not the attorneys?
Posted by T Blair
Member since Feb 2013
409 posts
Posted on 7/1/17 at 12:15 pm to
Doctors and lawyers.
Posted by lsu2006
BR
Member since Feb 2004
40086 posts
Posted on 7/1/17 at 12:16 pm to
Do you also have disdain for doctors that are in the pocket of defense attorneys? Or just plaintiffs?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465820 posts
Posted on 7/1/17 at 12:17 pm to
you didn't answer my question, though
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