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Started By
Message
3
Posted on 6/25/20 at 10:48 am to TigerGman
quote:
Simple solution to all this--Loser pays attorney fees. PI attorneys will be terrified to take marginal cases to court and Insurance companies will not want to low ball good cases.
That’s a terrible idea unless the “loser” is determined by reference to settlement offers.
Posted on 6/25/20 at 10:49 am to theronswanson
quote:I own a small business, Workmans comp costs me THREE times more for my LA based employees than the ones in Arkansas.
Now here we are decades later and a different industry has concocted a bogeyman to try and increase their profits. And you are falling for it.
You can create falsehoods all you want but we sue too often, for too much, and the tables all tilt to the plaintiff. You just got to hope things will level out a touch.
Posted on 6/25/20 at 10:52 am to boosiebadazz
quote:Make plaintiff attorneys work by the hour like everyone else does, with reasonable, agreed upon rates.
Making attorneys fees
If you are gonna go after insurance money, you gotta set your rates within a range.
Posted on 6/25/20 at 10:53 am to boosiebadazz
quote:
Making attorneys fees payable as part of an offer of judgment would also go a long way
The question then becomes who is paying the attorneys fees. Currently, if there is a defense verdict or verdict 25% less than the Offer of Judgment, where do the court costs come from- the plaintiff, not the plaintiff's attorney. Some attorneys will pay it, I guess. But most pass that cost to the plaintiff.
So the insurance company has to pay costs and attorneys fees (if added to the Offer of Judgment article), while the plaintiff is essentially judgment proof, and attorneys fees aren't ever going to be paid.
This is the issue. There are always workarounds. Amending the Offer of Judgment article would also have to have an amendment or a new article prohibiting the plaintiff attorney from passing those costs onto the plaintiff. Otherwise the result is lose pays, but only one side will ever get the payment.
Posted on 6/25/20 at 10:54 am to TigerGman
quote:It's amazing how often your takes are terrible. It's like you try to do it.
You are some gullible people to go for this insurance industry propaganda hook, line and sinker...
Posted on 6/25/20 at 10:57 am to TigerGman
quote:
Insurance companies will not want to low ball good cases.
Posted on 6/25/20 at 11:00 am to UpToPar
quote:
Very rarely is there an actually dispute over causation of the injury.
False. It's an issue in almost 90% of cases I see.
Posted on 6/25/20 at 11:01 am to The Johnny Lawrence
quote:It is funny to me that in the medical world the patient(user of service) is on the hook and no one minds. The provider must make an attempt to collect to participate in insurance programs. I know my take is ignorant, but I just dont understand how a plaintiff can utilize a service without the liability to pay for said service.
So the insurance company has to pay costs and attorneys fees (if added to the Offer of Judgment article), while the plaintiff is essentially judgment proof, and attorneys fees aren't ever going to be paid.
This is the issue. There are always workarounds. Amending the Offer of Judgment article would also have to have an amendment or a new article prohibiting the plaintiff attorney from passing those costs onto the plaintiff. Otherwise the result is lose pays, but only one side will ever get the payment.
Posted on 6/25/20 at 11:02 am to Motorboat
quote:I would imagine because medicals are run up so high that you have to make it an issue. If people would just get what was hurt treated and move on, no telling how much simpler this thing would be.
False. It's an issue in almost 90% of cases I see.
Posted on 6/25/20 at 11:08 am to tigerfoot
They pay for the service of their attorney and it is contingent on recovery. If they recover nothing, they owe their attorney nothing.
If loser paid or attorneys fees were recoverable, it would result in insurance companies going after your average citizen for tens of thousands of dollars. I have a very reasonable rate and think I work my files an appropriate amount, and there is zero chance I could afford my attorneys fees on the average case, much less a litigation intensive case. Demanding payment from plaintiffs who make minimum wage would be pointless and a waste of time.
If loser paid or attorneys fees were recoverable, it would result in insurance companies going after your average citizen for tens of thousands of dollars. I have a very reasonable rate and think I work my files an appropriate amount, and there is zero chance I could afford my attorneys fees on the average case, much less a litigation intensive case. Demanding payment from plaintiffs who make minimum wage would be pointless and a waste of time.
Posted on 6/25/20 at 11:11 am to TigerGman
If he can’t work because he is really injured, there is nothing wrong with helping out on legitimate terms.
The problem is that the lending program has corrupted the system by allowing fraudulent claimants access to “free” money it encourages more fraudulent injury claims. These are people that wouldn’t ordinarily be able to get loans but now they have “collateral” in the form of a big settlement check so now they get that loan.
Does that make sense to you?
The problem is that the lending program has corrupted the system by allowing fraudulent claimants access to “free” money it encourages more fraudulent injury claims. These are people that wouldn’t ordinarily be able to get loans but now they have “collateral” in the form of a big settlement check so now they get that loan.
Does that make sense to you?
Posted on 6/25/20 at 11:12 am to The Johnny Lawrence
quote:And the contingency should be removed, they should owe for services received.
They pay for the service of their attorney and it is contingent on recovery. If they recover nothing, they owe their attorney nothing.
A physician is required to bill for surgeries where the patient does not have the desired outcome. Those patients are just as minimum wage as your clients in many cases. Those patients also consider the financial ramifications of utilizing the services.
Posted on 6/25/20 at 11:14 am to tigerfoot
Pump the brakes with the "my clients". All of my clients are insurance companies.
I'm not agreeing or disagreeing. I'm just explaining how difficult it would be for my clients to get paid back attorneys' fees from the average plaintiff.
I'm not agreeing or disagreeing. I'm just explaining how difficult it would be for my clients to get paid back attorneys' fees from the average plaintiff.
This post was edited on 6/25/20 at 11:17 am
Posted on 6/25/20 at 11:18 am to The Johnny Lawrence
quote:
I'm not agreeing or disagreeing. I'm just explaining how difficult it would be for my clients to get paid back attorneys' fees from the average plaintiff.
Would the perpetual garnishment of wages not make the Plaintiff think twice about that offer if judgment you sent over?
Posted on 6/25/20 at 11:19 am to Sentrius
Must watch TV!
Posted on 6/25/20 at 11:21 am to ZIGG
In any metropolitan area the local companies TV commercials and their prevalence says a lot about what's important to the local economy. Car dealers, restaurants, furniture stores and such.
In Louisiana it's PI lawyers that dominate local advertising. How did they become such a high priority to our economy? Astonishing.
I'm not an attorney, have read attorneys explanations here and the reasons for this out-of-wack legal system. As in many things, to understand follow the money and in our case follow the corruption.
I keep hearing how our high number of uninsured motorists drives up rates so here's a suggestion: mandate insurance for all owners of autos but mean it, and if caught driving without insurance the LEO takes the plates off on the spot. The owner goes to court to recover their plates with proof of insurance.
I have no hope that any meaningful reform will come from either side, be it PI lawyers or LABI. My only remedy is to begin voting against anyone opposed to real solutions and as much I dislike single issue voting that seems to be my only choice.
By that I mean the legal reform proposals have to be tagged with corresponding rate reduction percentages signed off by the regulators and insurance industry. Public accountability for once just might work.
The present system is not complicated it's simply corrupt.
In Louisiana it's PI lawyers that dominate local advertising. How did they become such a high priority to our economy? Astonishing.
I'm not an attorney, have read attorneys explanations here and the reasons for this out-of-wack legal system. As in many things, to understand follow the money and in our case follow the corruption.
I keep hearing how our high number of uninsured motorists drives up rates so here's a suggestion: mandate insurance for all owners of autos but mean it, and if caught driving without insurance the LEO takes the plates off on the spot. The owner goes to court to recover their plates with proof of insurance.
I have no hope that any meaningful reform will come from either side, be it PI lawyers or LABI. My only remedy is to begin voting against anyone opposed to real solutions and as much I dislike single issue voting that seems to be my only choice.
By that I mean the legal reform proposals have to be tagged with corresponding rate reduction percentages signed off by the regulators and insurance industry. Public accountability for once just might work.
The present system is not complicated it's simply corrupt.
Posted on 6/25/20 at 11:22 am to boosiebadazz
quote:
Making attorneys fees payable as part of an offer of judgment would also go a long way
I could get behind that. I think it would probably incentivize more settlements.
Posted on 6/25/20 at 11:22 am to rrarr
I find lawyers faces especially punchable. They remind of Trolls. Squatting on an area of law and profiting off of the misfortune of the people that they are in charge of bilking.
Posted on 6/25/20 at 11:24 am to The Johnny Lawrence
quote:Paying your bills always sucks. Someone has to put skin in the game besides the insurance companies. There just has to be a negative consequence for those that are abusing a system.
I'm just explaining how difficult it would be for my clients to get paid back attorneys' fees from the average plaintiff.
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