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re: Tort reformers--welcome to your week of jury duty...
Posted on 5/18/20 at 11:21 am to In The Know
Posted on 5/18/20 at 11:21 am to In The Know
quote:
Glad that’s not an issue in, ahem, Mississippi
Exactly. Mississippi is the fattest state in the country
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Posted on 5/18/20 at 11:42 am to BHS78
quote:
Frivolous lawsuits would end if we had loser pays. Gordon isn't going to work for nothing.
How do you define loser pays?
Posted on 5/18/20 at 11:43 am to SlowFlowPro
quote:
You are disputing that there are a lot of BS, frivolous personal injury lawsuits?
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
Sorry, but this is semantics. Everyone knows what I meant. Plaintiff's lawyers are intentionally inflating the value of minor cases where liability is present. This is not a "gotcha" that refutes my overall point, which is that the system is ridiculous.
Posted on 5/18/20 at 11:43 am to theronswanson
i've made that argument for years
"loser pays" would be a windfall for Gordon, et al
"loser pays" would be a windfall for Gordon, et al
Posted on 5/18/20 at 11:57 am to TigerGman
quote:
TigerGman
Boy, this thread obviously did not go the way you expected. I hope now you realize the majority of this state hates your fricking guts and is sick of your bullshite.
Posted on 5/18/20 at 11:57 am to Tigerlaff
We know about Gordon and Morris. Any other firms you see a lot of that you think will be hit hard by the changes?
Posted on 5/18/20 at 11:58 am to SlowFlowPro
Wouldn’t JBE just veto tort reform?
Outsider perspective, but it seems as in many states, while a side may say they want one thing to get voters to vote for them, they really don’t want it. They’ll only pass it if there’s a guarantee it won’t actually come into law by another legislative house voting it down or a governor’s veto. I’m sure there has to be Republicans in the legislature who make big campaign bank off the big PI firms.
Outsider perspective, but it seems as in many states, while a side may say they want one thing to get voters to vote for them, they really don’t want it. They’ll only pass it if there’s a guarantee it won’t actually come into law by another legislative house voting it down or a governor’s veto. I’m sure there has to be Republicans in the legislature who make big campaign bank off the big PI firms.
Posted on 5/18/20 at 12:01 pm to TigerGman
Will this impact the construction on Spencer's new super office with the cool helicopter pad?
Posted on 5/18/20 at 12:03 pm to LSU316
quote:How does this help? The attorneys will say it will keep them from filing on cases too soon because the back and forth with the insurance can take that long, but can't this also be rather negative? A defendant now has to sweat 2 years and those chiro bills can add up ove that extra year, no?
he has basically already said he would sign the prescriptive period part
Posted on 5/18/20 at 12:08 pm to Jake88
90% of the suits I file are to protect prescription rather than a genuine disagreement I need adjudicated.
Posted on 5/18/20 at 12:12 pm to fallguy_1978
My mother in law was rear ended on i20 by an 18 wheeler driver that was well over the legal limit of intoxication.
It fricked her up bad enough to need neck and back surgery.
It was more than soft tissue injury. And the driver of the 18 wheeler should've gone to jail.
It fricked her up bad enough to need neck and back surgery.
It was more than soft tissue injury. And the driver of the 18 wheeler should've gone to jail.
Posted on 5/18/20 at 12:16 pm to boosiebadazz
quote:And then what happens? How many do you withdraw and why? How many of those suits to protect prescription result in a higher settlement?
90% of the suits I file are to protect prescription rather than a genuine disagreement I need adjudicated
Besides the timing of when you sue, how does two years disincentivize a suit?
This post was edited on 5/18/20 at 12:17 pm
Posted on 5/18/20 at 12:18 pm to Tempratt
quote:
My mother in law was rear ended on i20 by an 18 wheeler driver that was well over the legal limit of intoxication.
It fricked her up bad enough to need neck and back surgery.
It was more than soft tissue injury. And the driver of the 18 wheeler should've gone to jail.
I never said there aren't legitimate personal injury suits but in my personal experience (and several others I know) there are also a lot of people just trying to make a quick buck.
The cop was rolling his eyes when the guy in our incident asked for an ambulance.
Posted on 5/18/20 at 12:20 pm to fallguy_1978
People will at least get to eat free for a week.
Posted on 5/18/20 at 12:20 pm to fallguy_1978
quote:
....but in my personal experience (and several others I know) there are also a lot of people just trying to make a quick buck.
No doubt.
Posted on 5/18/20 at 12:21 pm to Jake88
Defense counsel gets involved and begins their fact-finding process.
A large portion eventually settle. Liability is clear, medical causation gets determined, and we can come to an agreement on how much to settle the case for. Sometimes liability or causation becomes more muddy after the fact-finding process starts and that can also affect whether or how the case settles.
Somewhat difficult to answer because every case is different. Because of the liability and causation getting flushed out further, sometimes it makes the case worth more and sometimes it makes the case worth less. Hard to give a blanket answer.
If there is no legitimate disagreement regarding liability and medical causation and my client is still treating coming up on a year, I don’t have to file to protect. Insurance company doesn’t have to hire a lawyer and pay them $5,000 just to get the file off the ground.
For cases with legit disagreements, I can file those whenever. Two years won’t change much on that.
quote:
How many do you withdraw and why?
A large portion eventually settle. Liability is clear, medical causation gets determined, and we can come to an agreement on how much to settle the case for. Sometimes liability or causation becomes more muddy after the fact-finding process starts and that can also affect whether or how the case settles.
quote:
How many of those suits to protect prescription result in a higher settlement?
Somewhat difficult to answer because every case is different. Because of the liability and causation getting flushed out further, sometimes it makes the case worth more and sometimes it makes the case worth less. Hard to give a blanket answer.
quote:
Besides the timing of when you sue, how does two years disincentive a suit?
If there is no legitimate disagreement regarding liability and medical causation and my client is still treating coming up on a year, I don’t have to file to protect. Insurance company doesn’t have to hire a lawyer and pay them $5,000 just to get the file off the ground.
For cases with legit disagreements, I can file those whenever. Two years won’t change much on that.
Posted on 5/18/20 at 12:28 pm to TigerGman
quote:
Apparently hasn't occurred to many that lowering the jury threshold means way more jury trials -means way more jurors needed.
You're ignoring the possibility (likelihood) of fewer lawsuits and/or more settlements.
Posted on 5/18/20 at 12:34 pm to boosiebadazz
Can I get a tl;dr on what prescription is? Is this just a statute of limitations?
Posted on 5/18/20 at 12:39 pm to TitleistProV1X
quote:
Now why would anyone oppose LA just implementing the same rules as the vast majority of states?
Great question for the governor who plans to veto the proposed bill.
Posted on 5/18/20 at 12:40 pm to Parmen
Yeah, Louisiana term for it
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