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re: Tort reformers--welcome to your week of jury duty...
Posted on 5/18/20 at 10:23 am to SlowFlowPro
Posted on 5/18/20 at 10:23 am to SlowFlowPro
quote:
now, are there a lot of overly-treated or overly-valued cases? oh yeah tons. but they're not frivolous. the issue is damages frivolous cases have no liability or value.
this
judges need to put teeth in Rule 11 (and their state level equivalent - La. is La. C.C.P. 863) and start popping parties AND their attorneys for bullshite cases (and defenses)
quote:
these cases have value, just a lot lower than what the system allows them to manufacture
the potential of juries (or bench stipulations) knocking those numbers down will result in those cases settling for more reasonable amounts
0
Posted on 5/18/20 at 10:23 am to TitleistProV1X
Insurance rates are high in Louisiana because of fat people and high crime rates and shoddy drivers and hurricanes.
Posted on 5/18/20 at 10:24 am to Parmen
quote:
but many plaintiffs get these attorneys who tell them to go big at trial
that's not the issue. even the tort reform won't affect those cases b/c they're already going to juries
the problem is the small cases $50 cases that get $1000 or $1000 cases that get $10k. these are your typical PI mill/billboard lawyer cases
they do volume. they want a crazy amount of small cases and that's their model. just like with my example about why insurance companies would take a 7500 claim to trial works in the opposite. you get monthlies from 1500 to 2500 and run 10k cases/year, if your average treatment is only 3 months and it's 100% legit billing, that's $30M/year increase revenue.
Posted on 5/18/20 at 10:26 am to yatesdog38
quote:
Insurance rates are high in Louisiana because of fat people and high crime rates and shoddy drivers and hurricanes.
Why aren't they as high in Mississippi and Alabama then?
Posted on 5/18/20 at 10:30 am to TigerGman
Haha.... Jefferson Parish has one day/one trial for jury duty... So eat a bag of dicks counselor...
This post was edited on 5/18/20 at 10:33 am
Posted on 5/18/20 at 10:30 am to Ingeniero
You do realize that insurance rates aren't going to change at all?
Posted on 5/18/20 at 10:43 am to SlowFlowPro
It’s going to decimate Gordon and Morris. I’m not sure it will lower rates drastically but it will certainly end their business model.
Posted on 5/18/20 at 10:45 am to TigerGman
Posted on 5/18/20 at 10:47 am to boosiebadazz
i think there will be some room for mills but it will be like...only gordon and morris
just like how they squeezed out the secondary PI market in the past 5-10 years, they're going to squeeze out everyone else on that lower end
there will still be some high end firms and the crazy mass tort firms. the reform won't help them
there will be a lot of lower-level PI and defense guys out of jobs. the market will be flooded. it's why i am adapting
just like how they squeezed out the secondary PI market in the past 5-10 years, they're going to squeeze out everyone else on that lower end
there will still be some high end firms and the crazy mass tort firms. the reform won't help them
there will be a lot of lower-level PI and defense guys out of jobs. the market will be flooded. it's why i am adapting
Posted on 5/18/20 at 10:57 am to SlowFlowPro
quote:
yes, 100%
now, are there a lot of overly-treated or overly-valued cases? oh yeah tons. but they're not frivolous. the issue is damages
frivolous cases have no liability or value. these cases have value, just a lot lower than what the system allows them to manufacture
Most of these are slip and falls. Most slip and falls are because people are idiots. You can watch clip after clip of people falling over themselves everywhere and are avoidable. Just watch AFV.
Now some are definitely negligence, like you tripping over a pallet left out at Walmart.
But God damn, just look where you are walking.
I saw one that a lady tried to get up and hobble around with out her crutches and tripped over a chair and hit her head. Why the frick should she get any money?
This post was edited on 5/18/20 at 11:00 am
Posted on 5/18/20 at 10:58 am to SlowFlowPro
They may continue to exist, but it’ll be at like 50% of what they are now.
Posted on 5/18/20 at 11:01 am to SlowFlowPro
quote:
what the people who want "tort reform" need to do is an incremental approach. their issue is trying to go 100% or nothing
Why? Why would you be against implementing what almost every other state successfully applies?
I agree with most lawyers that we won’t really see much/if any decrease in our car insurance rates but at least maybe we can get them to stop increasing consistently. LA is an outlier and that outlier has no benefit for the citizens of this state unless you’re a lawyer.
Posted on 5/18/20 at 11:03 am to boosiebadazz
well if everyone else fails, that's where they'll make it up 
Posted on 5/18/20 at 11:04 am to TitleistProV1X
quote:
Why? Why would you be against implementing what almost every other state successfully applies?
if you want what every other state applies, then follow my advice and do this incrementally
if you know a 2-year prescriptive period will work and you get data showing this, then you can go for a bigger one like lowering the jury threshold or the holy grail: collateral source rule
Posted on 5/18/20 at 11:05 am to TigerGman
Most of those trials take less than a couple days
Posted on 5/18/20 at 11:09 am to SlowFlowPro
Last I saw, 17 states had done away with collateral source.
But that means 33 had it in place. Doesn’t jive with the LABI is putting forth.
But that means 33 had it in place. Doesn’t jive with the LABI is putting forth.
Posted on 5/18/20 at 11:09 am to Oilfieldbiology
Frivolous lawsuits would end if we had loser pays. Gordon isn't going to work for nothing.
Posted on 5/18/20 at 11:17 am to TitleistProV1X
quote:
LA is an outlier and that outlier has no benefit for the citizens of this state unless you’re a lawyer.
Agreed. Although it would be nice, I don't even care that much about the rate decrease.
Posted on 5/18/20 at 11:19 am to SlowFlowPro
SFP-some a-hole just started a thread mentioning you on The Rant. Go kick his arse.
Posted on 5/18/20 at 11:20 am to yatesdog38
Glad that’s not an issue in, ahem, Mississippi
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