Tort Reform

[Policy Limits]

Lots of interest in the topic but I felt the inquiries were in an inappropriate section.

First, I will say that just as physicians take an oath to practice medicine, attorneys get sworn in by a Supreme Court Justice & also take an oath. Part of it is to institute litigation in good faith and to never bring frivolous petitions. Moreover, most states have a "Rule 11" as part of their Rules of Civil Procedure that preclude frivolous lawsuits and in fact provide serious Sanctions as a penalty for prosecuting the same.

Second, this is my opinion only, and you are entitled to yours. I believe that the government doesn't shouldn't mandate caps on damages as they limit the victim's possible recovery. Most damages are compensatory in nature, which means our system is designed to put the Plaintiff back in the position he or she would have been had the negligence not occurred. It is obviously impossible to buy back a missing limb and nothing will take back a life that has been taken in an accident. Tort reform is usually something lobbied by eight figure insurance companies legislation wise because most losses are covered by a policy of insurance and they want to mitigate their exposure. Trial lawyers like myself want fact finders like Judges and Juries to have the autonomy to award as much or as little as they deem appropriate, even if the number is zero. It's nota matter if picking on doctors or anyone else. No one is above the law, even lawyers.

In terms of putting a value on damages, usually expert witnesses are appropriate. Iuduly hire an Evonomist who is a professor at a local Ivy Leauge University. They consider parental occupations, tax turns filed by the victim in a death case and other factors to quantify loss of earnings capacity.

I realize that most people hate lawyers and that's fine and there's plenty of lawyer jokes out there. But the next time you get into trouble, try calling a comedian.

[Policy Limits]

*** i usually hire an Economist

[KRATEDISEASE]

But the next time you get into trouble, try calling a comedian.

last time I got in trouble, i did call a comedian, and he actually did a better job than my so called " Lawyer" !!

[KRATEDISEASE]

Blah, blah , blah, you self serving exotic sport car loving big spender.

[Troublemaker]

*** i usually hire an Economist

I Googled Evonomist to see if I had to add a new word to my vocabulary, we are all allowed typos. Carry on, I have nothing else to add.

[Policy Limits]

I corrected it before your post rendering the latter....more legalese ...wait for it...moot.

Kratey, btw, you are one funny dude!

[99RT10]

Loser pays should be the law of the land. If your case isn't strong enough, it never gets filled. Our courts will be freed up for more important relevant issues.

[Policy Limits]

Very good post. What's he's alluding to is the American Rule Jurisprudence wherein each party bears his own expense versus the English Rule which is the opposite. We now have Rules of procedure here that allow a Defendant to recover costs.

[Shooter]

I like cookies

[Policy Limits]

Sir, cookies aren't allowed in the courtroom ! 8-p

[ViperSmith]

I think loser pays is a great idea, especially patent reform.

In the end, I want a lawyer that gets me the most when I am going after someone and one that has me pay out the least when I am being sued.

Ex of mine worked at a firm like yours. Stories were crazy. They didn't take bad cases, most often they settled long before trial anyway.

[KRATEDISEASE]

Lots of interest in the topic but I felt the inquiries were in an inappropriate section.

First, I will say that just as physicians take an oath to practice medicine, attorneys get sworn in by a Supreme Court Justice & also take an oath. Part of it is to institute litigation in good faith and to never bring frivolous petitions. Moreover, most states have a "Rule 11" as part of their Rules of Civil Procedure that preclude frivolous lawsuits and in fact provide serious Sanctions as a penalty for prosecuting the same.

Second, this is my opinion only, and you are entitled to yours. I believe that the government doesn't shouldn't mandate caps on damages as they limit the victim's possible recovery. Most damages are compensatory in nature, which means our system is designed to put the Plaintiff back in the position he or she would have been had the negligence not occurred. It is obviously impossible to buy back a missing limb and nothing will take back a life that has been taken in an accident. Tort reform is usually something lobbied by eight figure insurance companies legislation wise because most losses are covered by a policy of insurance and they want to mitigate their exposure. Trial lawyers like myself want fact finders like Judges and Juries to have the autonomy to award as much or as little as they deem appropriate, even if the number is zero. It's nota matter if picking on doctors or anyone else. No one is above the law, even lawyers.

In terms of putting a value on damages, usually expert witnesses are appropriate. Iuduly hire an Evonomist who is a professor at a local Ivy Leauge University. They consider parental occupations, tax turns filed by the victim in a death case and other factors to quantify loss of earnings capacity.

I realize that most people hate lawyers and that's fine and there's plenty of lawyer jokes out there. But the next time you get into trouble, try calling a comedian.

What I really meant to say , but was in a rush typing was

Blah, Blah, Blah, Blah, Mr. Policy Limits, you self serving, big money making, exotic sports car loving, probably has a hot wife, winning bastard !!

Sell that sales talk elsewhere..... (possibly to law school students ??)

[KRATEDISEASE]

I like cookies

I like ice cream....... and Bison burgers.

[KRATEDISEASE]

I think loser pays is a great idea,

I want the most when I am going after someone and pay out the least when I am being sued.

sounds like my wife.

[Policy Limits]

Lmao

[slysnake]

Loser pays should be the law of the land

Maybe something like this would help. The fact is, we have become a lawsuit happy society. Something needs to be done. I know a couple of people (plaintiffs) that their sole means of income is suing people or organizations.

[Policy Limits]

Insurance companies and law firms have access to "ISO". Which can easily identify claimants who have multiple claims. They get red flagged. I typically don't like representing someone on his 10th case; then again, sometimes bad things happen to good people, more than once.

I'm against waste, frivolous suits and malicious prosecution. Then again I'm against carriers capitalizing on victims by delaying or denying claims so they can earn interest on the victim s money, and those that violate the Department if Budinrss Regulations standards in claim handling and I'm against bad faith conducted by insurance carriers.

[Sybil TF]

There needs to be some common sense tort reform. A million dollars or so awarded to some twit who spills hot coffee on themself? Please.....

[Policy Limits]

Agreed. But the government telling you there's a 200k cap when the doctor mistakenly amputates the wrong leg....please

[Sybil TF]

Agreed. But the government telling you there's a 200k cap when the doctor mistakenly amputates the wrong leg....please

I said common sense

[Policy Limits]

And I said "agreed."

[Sybil TF]

And I said "agreed."

Just messing with ya

[Policy Limits]

I'm against fraud and abuse in every way too. Believe it or not some auto collisions are staged, and others while legitimate have jump ins, or people who claim to have been passengers when they weren't in the car. It's not only the claimants; some shady doctors create phantom visits and bill for 30 visits when the patient only came in 10 times. These examples of gross fraud are unacceptable, illegal and bring down not only the participants, but the entire claims industry in general and make it more difficult for a legitimate claimant. They have no place in our firm.

[Sybil TF]

I live in Illinois, the worst for these matters. It took 3 years to get my case completed. Should have taken a year at most. It was over some derelict breaking subdivision rules.

[Policy Limits]

The wheels of justice turn slowly unfortunately. Did you get interest at least? Prejudgment interest is 12% in my state per year, and it starts running from the date of the wrong, not the date of the suit. 1% per month is pretty good when most banks don't pay that annually