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re: YouTube series focuses on the Louisiana trial lawyer scam

Posted on 6/25/20 at 11:26 am to
Posted by Dustydubs
Member since Mar 2020
490 posts
Posted on 6/25/20 at 11:26 am to
I know dealing with insurance company’s directly is not only a pain , they will screw your eyes out every chance they get thus it’s almost better to go straight to a lawyer you get screwed as well but at least come out ahead. I know it wouldn’t fix all problems but just making insurance companies pay the actual price of the damages done would make a lot of this disappear. They avoid they stall they do everything in their power to not pay.
Posted by tigerfoot
Alexandria
Member since Sep 2006
60794 posts
Posted on 6/25/20 at 11:26 am to
quote:

In Louisiana it's PI lawyers that dominate local advertising. How did they become such a high priority to our economy? Astonishing.

I recently had a discussion with someone who had no clue you could file a claim without an attorney. It is as if you cant let the system that is in place work, and if it fails you, then you get representation. The thought had never crossed their mind. And I believe this person would be acting in good faith.
Posted by RTRinTampa
Central FL
Member since Jan 2013
5532 posts
Posted on 6/25/20 at 11:27 am to
quote:

Having people who may not be attorneys or legislators who are attorneys but not in the personal injury game come up with a solution is silly.


Exactly why lawyers should be restricted from holding legislative office. Self-licking ice cream cone. Same with CPA's. They should not be anywhere near tax law legislation.
Posted by tigerfoot
Alexandria
Member since Sep 2006
60794 posts
Posted on 6/25/20 at 11:28 am to
quote:

They avoid they stall they do everything in their power to not pay.

I dont find this at all. I have had every claim I have ever had with auto, home, or medical paid quickly.
Posted by rrarr
Shreveport
Member since Sep 2016
276 posts
Posted on 6/25/20 at 11:29 am to
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.


What is pain and anguish anyway? I have paid 10s of thousands of dollars in car insurance and never once used it. The whole concept of double medical costs as restitution for an accident is disgusting. It encourages laziness and punarive punishments for something that is an ACCIDENT. shite happens. Deal with it.
Posted by tigerfoot
Alexandria
Member since Sep 2006
60794 posts
Posted on 6/25/20 at 11:36 am to
quote:

It encourages laziness and punarive punishments for something that is an ACCIDENT. shite happens. Deal with it.
yes, accidents happen, and insurance exists to take care of this costs of that accident. I really dont have a problem with the racket, I just think when a guy gets crushed and has life altering injuries, he is treated the same as the guy the was rearended without a dent in his bumper. The script is initiated, as a prior poster here lined out, without any other consideration but the dollars to me made, deserved or not.
Posted by Jimmy2shoes
The South
Member since Mar 2014
11004 posts
Posted on 6/25/20 at 11:45 am to
quote:

I own a small business, Workmans comp costs me THREE times more for my LA based employees than the ones in Arkansas.


You already have tort reform with workers comp! Your employees can't sue you directly outside of workers comp. No runaway juries. No pain and suffering. Why is your workers comp insurance so high?
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
22149 posts
Posted on 6/25/20 at 11:54 am to
quote:

The Johnny Lawrence




Defense bar unite!
Posted by eScott
Member since Oct 2008
11376 posts
Posted on 6/25/20 at 11:59 am to
quote:

Very rarely is there an actually dispute over causation of the injury. These cases almost always revolve around the extent of the injury and damages. Because causation is generally not at issue, the plaintiff is almost always going to “win,” even if it’s a couple thousand dollars. Now you just put the defendant on the hook for the plaintiffs attorneys fees and court costs in nearly every PI case.


It works in England. Companies in the USA settle out of court now because even if they win they lose because of the cost of defending themselves from frivolous lawsuits.
Posted by rrarr
Shreveport
Member since Sep 2016
276 posts
Posted on 6/25/20 at 12:03 pm to
quote:

yes, accidents happen, and insurance exists to take care of this costs of that accident. I really dont have a problem with the racket, I just think when a guy gets crushed and has life altering injuries, he is treated the same as the guy the was rearended without a dent in his bumper. The script is initiated, as a prior poster here lined out, without any other consideration but the dollars to me made, deserved or not.


Then require autonomous vehicles and sign a waiver if you don't drive one. If shite happens to ya.. your on your own. Give us back put 10s of thousands of dollars in insurance as a rebate towards purchase of said autonomous vehicle.
Posted by FieldEngineer
Member since Jan 2015
2628 posts
Posted on 6/25/20 at 12:03 pm to
While it certainly wouldn't fix the entire problem, it seems like forcing doctors to never charge higher than their lowest negotiated rate would help.

What I mean is that if Doctor A is offering Procedure 1 to Aetna insurance holders at $1,000, then he must offer that price to everyone and every insurance company that purchases procedure 1.

There might be easy ways for doctors to circumvent a rule like that, and I'm sure there would be some other side effects.
Posted by boosiebadazz
Member since Feb 2008
84622 posts
Posted on 6/25/20 at 12:03 pm to
Posted by Dizz
Member since May 2008
15983 posts
Posted on 6/25/20 at 12:11 pm to
quote:

it seems like forcing doctors to never charge higher than their lowest negotiated rate would help.


Doctor's would never go for this because it would have to be applied to all medical providers. No shot they would ever allow anything close to this.
Posted by Northshoretiger87
Member since Apr 2016
4954 posts
Posted on 6/25/20 at 12:13 pm to
These videos are fantastic. 300% increase in rates for trucking companies in three years! That’s unsustainable.

I blame those who voted Honor Code.
Posted by FieldEngineer
Member since Jan 2015
2628 posts
Posted on 6/25/20 at 12:16 pm to
quote:

Doctor's would never go for this because it would have to be applied to all medical providers. No shot they would ever allow anything close to this.


Agree that they would fight it like mad. Large health insurance companies might fight it also, but why should one person pay a different price (sometimes massively different) for a procedure than the next?
Posted by Northshoretiger87
Member since Apr 2016
4954 posts
Posted on 6/25/20 at 12:17 pm to
It’s a no-fault contest. Every type of treatment is thereafter approved by WC, with little ability to fight. Attorneys don’t make much because the fees are set to 20%, but future med expenses could be astronomical. All it takes is one or two employees to dig a significant hole. Conversely, if any other company is remotely involved in the injured employee’s accident, that company is getting sued, too, in civil law. It’s still a racket.
Posted by Athanatos
Baton Rouge
Member since Sep 2010
8180 posts
Posted on 6/25/20 at 12:27 pm to
quote:

Probably have 50 locally owned marine operators or supply companies who are out of business bc they can’t afford the insurance.


This is just stupid. They are out of business because they have huge notes on boats that haven’t left the dock in years. To know the extent that p&i insurance contributed to that, you would have to analyze the loss runs.

I assure you that eroding day rates Combined with large fixed expenses were the primary driver of their collapse.
Posted by boosiebadazz
Member since Feb 2008
84622 posts
Posted on 6/25/20 at 12:27 pm to
quote:

Conversely, if any other company is remotely involved in the injured employee’s accident, that company is getting sued, too, in civil law. It’s still a racket.


But doesn’t the comp insurer have a lien by statute into any third party money received? In that case don’t the comp insurer and the injured worker’s interests align?
This post was edited on 6/25/20 at 12:28 pm
Posted by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 6/25/20 at 12:31 pm to
This looks and sounds like 2000's era corporate/industrial propaganda.
Posted by The Johnny Lawrence
Member since Sep 2016
2212 posts
Posted on 6/25/20 at 12:32 pm to
I think the solution involves, in part, limiting the communication and negotiations between personal injury attorneys and doctors. There also has to be some reduction in recovery based on the benefit of insurance. But that system disadvantages people who pay for better insurance.

You could tie the recovery to the workers comp schedules or create a personal injury schedule that outlines how much a plaintiff as allowed to recover for a particular treatment. But that may not solve the problem.

My point: This is very, very complex and the measures being debated by LaLeg aren't accounting for this complexity. There are a lot of options, which, if taken together, could conceivably correct some of the issues. But it isn't as easy as saying no collateral source but you get 1.5x your health insurance premiums. This just creates an entirely different system of recovery to exploit.

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