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Trial Lawyer Corruption in Louisiana
Posted on 9/3/19 at 12:05 pm
Posted on 9/3/19 at 12:05 pm
Can someone explain like I'm 5, and without being too political, why trial lawyer corruption is such a big deal here in Louisiana. I see from lurking that people like Gordon and all are hated, and I see Rispone's ads saying that he wants to eliminate trial lawyer control and corruption. How does what they do affect us? I legitimately don't know.
26
Posted on 9/3/19 at 12:07 pm to HuskyPanda
A bunch were elected to the state house/senate. They passed laws benefiting themselves and their profession.
Demographics/economics of the state support their profession.
Demographics/economics of the state support their profession.
Posted on 9/3/19 at 12:10 pm to HuskyPanda
You're part of the problem.
Posted on 9/3/19 at 12:10 pm to hottub
quote:
They passed laws benefiting themselves and their profession
Thank you, now I can research some of those laws to get a gist of all of it.
Posted on 9/3/19 at 12:10 pm to HuskyPanda
Judges in this state are elected. In order to be elected, candidates need money for their campaigns. The people routinely donating to political campaigns for judges on the civil bench are insurance companies and plaintiffs attorneys. Thus, some judges are predisposed to favor plaintiffs and others are predisposed to favor defendants. Because the legislature is a part time gig requiring a fair amount of flexibility, a lot of legislators are plaintiffs attorneys and thus they tend to tilt a lot of legislation in ways that will favor them somewhat (direct action statute).
Basically, judgeships and legislators being made up, largely, of current and former plaintiffs attorneys results in some self-service in their favor which in turn drives away business investment and increases costs for everyone.
This is of course a gross oversimplification. To really explain the full picture accurately would take much more than a simple OT thread.
Basically, judgeships and legislators being made up, largely, of current and former plaintiffs attorneys results in some self-service in their favor which in turn drives away business investment and increases costs for everyone.
This is of course a gross oversimplification. To really explain the full picture accurately would take much more than a simple OT thread.
Posted on 9/3/19 at 12:10 pm to tigerinthebueche
quote:
You're part of the problem
How so?
Posted on 9/3/19 at 12:12 pm to kingbob
Great explanation kingbob 
Posted on 9/3/19 at 12:13 pm to HuskyPanda
Many are more angry at the fact that current law ALLOWS lawyers to do what they do. Lawyers are just taking advantage of the system and making a very legal buck - and lots of bucks! Nothing wrong with what they’re doing.
If you want to change the lawsuit culture in this state, find a way to require insurance companies to pay reasonable medical bills for injured victims upon receipt. 99.99999% of the time insurance adjusters refuse to pay the medical bills until everything is settled.
The problem with this is that so many times a victim doesn’t k ow the full extent of their injuries by the time the bills come due. If they settle before knowing the extent of the injury, they’re going to be responsible for paying the bills for future treatment. However if you don’t settle until you know for sure, there’s often more and more bills that pile up, resulting in tremendous debt for the injured. once the health insurance company finds out the injuries were the result of a car accident, they’re requiring the amount they paid to be paid back by the injured. They’re then FORCED to lawyer up so they can pay those bills.
Of course, the lawyer needs to make money so they’re not going to stop at simple reimbursement. They’re gonna try for policy limits.
If you want to change the lawsuit culture in this state, find a way to require insurance companies to pay reasonable medical bills for injured victims upon receipt. 99.99999% of the time insurance adjusters refuse to pay the medical bills until everything is settled.
The problem with this is that so many times a victim doesn’t k ow the full extent of their injuries by the time the bills come due. If they settle before knowing the extent of the injury, they’re going to be responsible for paying the bills for future treatment. However if you don’t settle until you know for sure, there’s often more and more bills that pile up, resulting in tremendous debt for the injured. once the health insurance company finds out the injuries were the result of a car accident, they’re requiring the amount they paid to be paid back by the injured. They’re then FORCED to lawyer up so they can pay those bills.
Of course, the lawyer needs to make money so they’re not going to stop at simple reimbursement. They’re gonna try for policy limits.
This post was edited on 9/3/19 at 12:16 pm
Posted on 9/3/19 at 12:16 pm to HuskyPanda
quote:
How so?
because you don't know the answer to this. What else don't you know? Do you vote? If so, how do you select a candidate.
If you don't vote, thanks for nothing.
While I commend you for trying to become better informed, it is sad that someone on a college message board doesn't understand this.
Posted on 9/3/19 at 12:16 pm to TDsngumbo
quote:
lawsuit culture
So because of said lawsuit culture, the cost gets passed to us, correct?
Posted on 9/3/19 at 12:19 pm to HuskyPanda
quote:
So because of said lawsuit culture, the cost gets passed to us, correct?
The lawsuit culture is two fold. The first is what I already explained. That addresses the truly innocent victims. Then you have others who see simple accidents as paydays. These are the ones who then immediately call an attorney upon simple fender benders. They exaggerate injuries and as long as an attorney can reasonably argue that there’s a 50.001% chance the injury occurred in the accident, it becomes the insurance company’s responsibility to pay.
Yes, Louisiana has a bad problem with this and companies are operating at a loss each and every year in this state. That’s why extra costs are passed on to us here in this state.
Posted on 9/3/19 at 12:20 pm to HuskyPanda
People that have businesses with unsafe conditions hate lawyers who sue them because someone gets hurt due to that unsafe condition or employee.
Posted on 9/3/19 at 12:21 pm to HuskyPanda
Dont know, I live in Texas.
Posted on 9/3/19 at 12:21 pm to HuskyPanda
It doesn't necessarily rise to corruption as much as it does negotiating without good faith and I can only comment on the lawyer whose actual settlement documents I viewed: After the insurance company settled, the lawyer negotiated a lower payment to the physician than was listed on the expenses recap. Some would say that's benefiting the client while others would say that's being dishonest to the insurance company. You decide which it is.
Posted on 9/3/19 at 12:22 pm to HuskyPanda
What amazes me is how the public lives to scream trial lawyer corruption and point to high jury verdicts when it is jury's who actually award those verdicts. The vast majority of personal injury lawsuits are tried before a jury, not a bench trial.
Posted on 9/3/19 at 12:22 pm to tigerinthebueche
quote:
Do you vote?
All the time.
quote:
If so, how do you select a candidate
I do some research on a candidate. I don't go by the D,R,or I next to their name, though I'd prefer a Libertarian candidate.
Sorry dude, but this subject is something I never really paid attention to. I've lurked on here for a while, but where I'm from this wasn't an issue that I knew about. It was only when I got to Louisiana that I've noticed people complain about this issue. Sorry for trying to become more knowledgeable on the issue so I can cast a educated vote this election.
Posted on 9/3/19 at 12:23 pm to ragincajun77
quote:
The vast majority of personal injury lawsuits are tried before a jury, not a bench trial.
This is 100% false. The vast majority of them are settled before going to trial.
Posted on 9/3/19 at 12:23 pm to HuskyPanda
For example: Judge Oglesbee is a district judge in Tangipahoa Parish. Before becoming a judge he worked for the Sherman Mack Law Firm. The Mack law firm also donated thousands to his friends ( Oglesbee) campaign. Now if you have enough money the Mack Law Firm can almost guarantee you a win in his courtroom... and if you don’t have the money, well ......
Posted on 9/3/19 at 12:25 pm to TDsngumbo
Notice that I said "tried". When they are actually tried and not settled they are usually before a jury. That is 100% accurate
Posted on 9/3/19 at 12:31 pm to ragincajun77
I missed that. My bad!
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