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re: Our tort law system is the worst aspect of America, a cancer on our society.
Posted on 8/6/17 at 7:08 pm to Antonio Moss
Posted on 8/6/17 at 7:08 pm to Antonio Moss
The best systems are those in the Commonwealth countries like Canada, Australia, Uk and New Zealand.
It is a loser pay system with appointed civil judges.
We need Chancery courts in Louisiana like Delaware too.
It is a loser pay system with appointed civil judges.
We need Chancery courts in Louisiana like Delaware too.
2
Posted on 8/6/17 at 7:22 pm to Slippy
You are correct.
And Louisiana is the worst.
Thank God punitive damages are almost non-existent here, or you would never get an insurer to write a policy in this shithole state.
And Louisiana is the worst.
Thank God punitive damages are almost non-existent here, or you would never get an insurer to write a policy in this shithole state.
Posted on 8/6/17 at 7:42 pm to Mr.Perfect
Say you're injured in a wreck and have $6k in medical bills. Before you hire an attorney, the at-fault insurer offers you $5k to settle all claims. That doesn't even pay your medical bills and, if paid to you directly, doesn't prevent the hospitals from suing you for the costs of treatment.
If you hire an attorney, not only are you able to get a higher settlement offer or an even potentially larger jury verdict, you are able to negotiate payoffs with the hospital billing that prevents your client from being sued in the future.
Hospitals love it when lawyers take PI cases, because there is a much greater chance of them getting paid for their treatment. If there were no PI attorneys and injured parties received settlements directly from insurers, the hospitals would be hiring debt collection lawyers to sue mostly indigent parties just to get a judgment and never see a dime of what they're owed.
If you hire an attorney, not only are you able to get a higher settlement offer or an even potentially larger jury verdict, you are able to negotiate payoffs with the hospital billing that prevents your client from being sued in the future.
Hospitals love it when lawyers take PI cases, because there is a much greater chance of them getting paid for their treatment. If there were no PI attorneys and injured parties received settlements directly from insurers, the hospitals would be hiring debt collection lawyers to sue mostly indigent parties just to get a judgment and never see a dime of what they're owed.
Posted on 8/6/17 at 7:53 pm to Slippy
quote:
I literally hate what I do.
You really do come off as the beaten down defense lawyer who realized to late he was on the wrong side.
Dont get me wrong I love guys like you, I write a mean letter make one phone call and you roll over and give up the policy. Or you a bargain basement defender and you have to call your adjuster to get the authority to settle?
This post was edited on 8/6/17 at 7:55 pm
Posted on 8/6/17 at 7:58 pm to NIH
If we had the New Zealand system, nobody would be asking for PI lawyers because they wouldn't be needed.
Posted on 8/6/17 at 8:25 pm to eye dentist43
Good lawd OP. Weren't you in Colorado this past week all pissy about the weather? WTF? Did you smoke a bunch of weed and have an epiphany?
Posted on 8/6/17 at 9:39 pm to eye dentist43
But we don't
Posted on 8/6/17 at 9:39 pm to I B Freeman
Loser pay doesn't affect the auto claim mills
Posted on 8/6/17 at 11:35 pm to I B Freeman
Agree with this. Elected judges are a problem. Our elected legislators are bad enough. And the jury trial system in civil cases is a bad way to resolve civil disputes. Cases hardly ever go to trial while the disputes typically languish in an inefficient and overly expensive routine, which rewards the lawyers more than the parties more often than not.
But this country is so litigious, and the trial lawyers have such powerful lobbyists and donate heavily to political campaigns, so change is unlikely.
But this country is so litigious, and the trial lawyers have such powerful lobbyists and donate heavily to political campaigns, so change is unlikely.
Posted on 8/7/17 at 5:16 am to NIH
quote:
Loser pay doesn't affect the auto claim mills
It actually helps them.
Posted on 8/7/17 at 6:18 am to SCLibertarian
quote:
If you think tort law is awful, imagine what insurance companies would do to the average person without PI lawyers. Sure there are scumbags, but even the scumbags are better for society than your big-time insurance folks who deny coverage for life saving treatments, work-related accidents or fight cases against the indigent and their decent, idealistic attorneys solely because they can outspend a Plaintiff until the lawyer goes bankrupt or they force a settlement far below what it should be.
This is the ignorant misconception most people have. Do you realize how rare it is that an insurance company denies a property or casualty claim? You're thinkin health insurance my friend. Insurance policies are written with clear it exclusions on what is not covered which all you have to do is read to know. Yes there are sometimes grey areas that need to be litigated but these lawyers mostly chase auto and work comp claims which are virtually impossible for an insurance company to deny. These lawyers try to get shitty people a lot of money for nothing accidents and all it does is make them rich and drive up everyone else's cost of doing business and living. Idiots.
Posted on 8/7/17 at 7:28 am to Slippy
Why don't you just practice in a different field than personal injury?
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