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Started By
Message
re: Tort Reform - Bond for Future Medicals
Posted on 3/16/20 at 5:57 pm to boosiebadazz
Posted on 3/16/20 at 5:57 pm to boosiebadazz
quote:
Does the Plaintiff not get to hire a biomechanics expert, too? And presumably the jury would get to hear from both, no?
They are welcome to hire one as well. There is a split on the issue of even allowing biomechanical testimony at all, and it actually went to the LA SC recently. Plaintiff's counsel are terrified of biomechanical testimony, and fight tooth and nail to keep it out.
1
Posted on 3/16/20 at 5:58 pm to BabyCakes
I must be doing something wrong. I welcome biomechanics testimony in my cases.
Posted on 3/16/20 at 5:59 pm to BabyCakes
quote:Hahahaha...Hahahaha
I cannot imagine a Plaintiff would attempt to collect medicals for surgeries he or she never intends to undergo. Even if that was the case, Plaintiff's counsel, as an officer of the court, would not submit a claim for damages based on surgeries an individual never intends to have, right?
Posted on 3/16/20 at 5:59 pm to boosiebadazz
quote:
I must be doing something wrong. I welcome biomechanics testimony in my cases.
Sounds like maybe you have legitimate cases with significant damage to the vehicles. That is not what I have been seeing lately.
Posted on 3/16/20 at 6:01 pm to boosiebadazz
quote:This is non responsive to the fact that the plaintiff isn't going to have the treatment.
Does the defendant get to hire a doctor, life care planner, and economist to give their version of what the number should be?
Posted on 3/16/20 at 6:02 pm to BabyCakes
(no message)
This post was edited on 2/5/21 at 5:10 am
Posted on 3/16/20 at 6:03 pm to BabyCakes
quote:
Sounds like maybe you have legitimate cases with significant damage to the vehicles. That is not what I have been seeing lately.
Which company are you an adjuster for? I think it’s funny that it’s always the adjusters taking these stands and not the defense attorneys.
Let me let you in on a secret.. if you think plaintiff lawyers are the unscrupulous ones it’s time you really dig in to what your attorney is billing you
Posted on 3/16/20 at 6:13 pm to Elleshoe
I’m an attorney and practice in several fields, including insurance defense. I also have personally injury cases.
What I’m advocating for is common sense in damage awards, and actually would harm me financially.
Do you have a legitimate argument against my proposal? Or would you rather just continue with a broken system and bankrupt state to enrich yourself?
What I’m advocating for is common sense in damage awards, and actually would harm me financially.
Do you have a legitimate argument against my proposal? Or would you rather just continue with a broken system and bankrupt state to enrich yourself?
Posted on 3/16/20 at 6:18 pm to Lakeboy7
I thought you guys were worried about your client’s best interest? Doesn’t this proposal help ensure their medical needs are met? You don’t really want to take 40% of funds someone needs for healthcare, right?
Posted on 3/16/20 at 6:23 pm to BabyCakes
quote:
You don’t really want to take 40% of funds someone needs for healthcare, right?
Let’s make the insurance companies pay attorney fees on top of the medical award. Sounds good to me
Posted on 3/16/20 at 6:28 pm to Elleshoe
I’m good with a loser pays system, as long as Plaintiff’s counsel pays when they withdraw and abandon a plaintiff.
Also, still waiting on the flaw in my proposal. Classic personal injury attorney, attacking the person and advancing irrelevant arguments when they can’t address the real proposal.
Also, still waiting on the flaw in my proposal. Classic personal injury attorney, attacking the person and advancing irrelevant arguments when they can’t address the real proposal.
Posted on 3/16/20 at 6:31 pm to BabyCakes
You sure have an unreasonable boner for PI attorneys 
I’m not even one but you’re absolutely ridiculous
And the flaw is that it’s ridiculous that the injured person needs to make an application to get to their money.
I’m not even one but you’re absolutely ridiculous And the flaw is that it’s ridiculous that the injured person needs to make an application to get to their money.
This post was edited on 3/16/20 at 6:33 pm
Posted on 3/16/20 at 6:36 pm to BabyCakes
The flaw in the proposal is adding another level of bureaucracy for the Plaintiff to access money another level of bureaucracy has already awarded them. It seems you think this is a pretty big deal on the Plaintiff’s side and would make a considerable difference in auto insurance rates by lowering special damage awards.
Do you have any ideas on things insurance companies can do to lower rates?
Do you have any ideas on things insurance companies can do to lower rates?
This post was edited on 3/16/20 at 6:38 pm
Posted on 3/16/20 at 6:37 pm to boosiebadazz
quote:
Do you have any ideas on how insurance can be reformed to lower rates?
Don’t base rates on someone’s race, marital status, veteran status, whether they’re in a blue collar or white collar job etc for starters
Posted on 3/16/20 at 6:40 pm to boosiebadazz
Once again, not trying to meet the red herring of claiming it has to lower rates. Simply trying to improve the system and protect the plaintiff.
My main concern is a plaintiff’s ability to pay for care a decade or more after a lawsuit, and after 40% has been taken away. This process works well in med mal with the PCF.
It’s pretty simple, when the time for another procedure hits in the life care plan, they go to the doctor that recommended it and have it scheduled. The doctor is then paid from the fund once it is performed. Benefits all really, except plaintiff attorneys I suppose.
My main concern is a plaintiff’s ability to pay for care a decade or more after a lawsuit, and after 40% has been taken away. This process works well in med mal with the PCF.
It’s pretty simple, when the time for another procedure hits in the life care plan, they go to the doctor that recommended it and have it scheduled. The doctor is then paid from the fund once it is performed. Benefits all really, except plaintiff attorneys I suppose.
Posted on 3/16/20 at 6:41 pm to Elleshoe
I’d be good with that even though it would directly affect my pocketbook.
My wife and I pay $350/ month for $2.25 million in liability with reciprocal UM. White collars with great credit and great driving records
My wife and I pay $350/ month for $2.25 million in liability with reciprocal UM. White collars with great credit and great driving records
Posted on 3/16/20 at 6:42 pm to Elleshoe
Don’t people with health insurance all the time apply for money for a procedure? Seems to work well enough for the rest of us.
Posted on 3/16/20 at 6:43 pm to BabyCakes
quote:
Don’t people with health insurance all the time apply for money for a procedure? Seems to work well enough for the rest of us.
They’ve already been awarded the money and the procedures. Why do they need to jump through more hoops to have access to it?
I take it your PI cases aren’t going very well and you’re very bitter about that?
Posted on 3/16/20 at 6:44 pm to BabyCakes
Plaintitts’ counsel that I know universally have their clients’ best interest at heart. They would go along with whatever would be of most benefit to the client.
Posted on 3/16/20 at 6:46 pm to Elleshoe
No they have gone and continue to go well. I do appreciate the personal attacks instead of discussing the proposal though.
It’s jumping through hoops to ask for money before a procedure? I’m not suggesting further approval or medical necessity. Simply suggesting actually having the procedure to get the money.
It’s jumping through hoops to ask for money before a procedure? I’m not suggesting further approval or medical necessity. Simply suggesting actually having the procedure to get the money.
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