even if there's not a choice of law provision in the UM contract, the substantive issues such as stacking are governed under the center of gravity test. they'll look at the location of the parties, where the contract was entered, where the vehicle is principally garaged, etc. Using those factors any substantive UM considerations will be governed by AL law although I think MS law on SOL will apply because that's procedural.
just settled a preexisting injury soft tissue rear ender with 12.5k in meds for 36k, almost 3 times meds. I'm happy with that result.
Settled two companions last week, one for $18k on $2k meds and the other for $10k on $600 meds. Reason was her father wasn't doing well and they were on their way to see him. He died before they could get there due to the collision. Anything like that in yours that was an exaggerating factor?
dang that sucks for her. the car that hit my client was a f250 and he had a CDL but the truck was titled to him, i don't think it was an employer/employee/vicarious liability type deal but it was a large commercial policy.
Who in here is a prosecutor? Detroit something or other? How do you deal with explaining the burden of proof to the jury?
DetroitNole The prosecutors here in tallahassee just kinda gloss over it. They repeat the line about it not being a forced or imaginary doubt a bunch of different ways.
Usually give them some sort of example. I'll ask if anyone in jury has kids, then I'll run some variation of this by them. Tell them they just got done making a batch of cookies and it's just them and one of their kids in the house, everyone else is gone. You pull the cookies out the oven and set them on the counter. You get a phone call and have to leave the room and are on the phone for a couple minutes, you come back and the cookies are gone, only crumbs left. Then I ask them who ate the cookies? They'll answer their kid, then you say "isn't it possible in the two minutes you were gone that someone broke in the house, ate the cookies and left before you got back?" They'll say maybe or something and I respond "but is that reasonable?" Then I ask them if they understand that there is a difference between all doubt and a reasonable doubt.
Give an example of how it only needs to be beyond reasonable. Not beyond all doubt. Then milk in a common sense factor to the jury. Now if you're asking about not meeting the burden, those tactics change obviously.
Bankruptcy typically has no effect on insurance. Most policies provide that bankruptcy has no effect as an express term in the policy. What's your issue?
Does a chapter 7 discharge release a collateral assignment? Also have had some people get pissed off that we send premium notices during the automatic stay (I'm in-house). We have to meet notice requirements before we can lapse the policy, but I would like to be able to cite some authority on the issue.
The collateral assignment will depend upon the type of collateral and then the statutes in the state governing priority of rights to the collateral. The insurance premium notice, cancellation, and lapse are usually statutory and differing each state. In Illinois, for example, if you don't provide written notice the policy is deemed extended even if no premium is paid.
Yeah, Alabama statutes and regs are just lacking so I'm relying on NAIC stuff and other states that I can find, mostly NY since they seem to be the standard for insurance.
settled a small case and told the guy when he sent me back the release that i would have the checks in about a week. sent the release back to hartford on oct 17. he called my cell twice and the office once and then sent this text: "I am a little stressed. It has been 10 days since you told me it would be 5-7. I have planned around that check and at this point I am in a state of unease. I was hoping you could put my mind at ease with some type of update on where the checks are" He is getting $3,600.
"you said if i got you the papers back the next day the checks would be here by friday. now it's maybe monday the maybe tuesday. put yourself in my shoes." i told him 5-7 business days holy fuck.
i did a will for a guy , he had no family anywhere close and didn't know anyone that would be executor. he asked me to do it and i relunctantly agreed. now he passed and his will is getting contested and everything is going crazy with family coming out of woodwork. trying to pay his bills, life insurance issues, bank issues, never again.
One of the other lawyers at our firm has a trial in like 2 weeks. his paralegal sent opposing counsel this email earlier: "Attached please find copies of correspondence to the clerk’s office, Notice of Service of Discovery Responses, Plaintiff/Counter-Defendant’s Fifth Set of Supplemental Responses to First Set of Combined Discovery and Motion in Limine. Copies of all also being mailed to you today." Opposing counsel said: "What a waste of my time!" lol who says that?
safe auto bringing the heat with an offer of $3250. That's their TOP OFFER too. Client has $1942 in meds. Filing suit, I'll show those punks
Concluded a three week long trial. Jury came back with $54,000,000. Happy, but the amount of catchup work I have to do now is nauseating.
Literally the purest form of misery I've ever experienced. We had a three week one last year, too. But, it was a PI case. These business cases are far worse in my opinion.
Yes, but agreement included an hourly rate/retainer. Was a non-traditional case. Facts justify the fee arrangement.
Upside is what jury comes back with like 6-7k? You'll be at like a $15/hr rate or less when all the litigation work starts
Since you're talking to him then I assume you realize none of that means anything to him and also doesn't apply.
i wouldnt be doing it to make a big profit. i'd be doing it to sharpen my skills and make the insurance company think twice next time they want to low ball me.
actually making it to trial is really tough. if you can get your client to hold out that long its a miracle. judge is going to put a lot of pressure on you at pre trial conference. client has financial needs that make them want to settle. it drags out so long. continuances granted liberally. etc. wish i could get more civil jury trial experience.
Nope, but to me a cover letter would be more important. I would write that now, then ask who in here does that law, and then PM it to them.
If you want to try some small cases, it makes a lot more sense in a case with like 12k in meds where they are offering something like 7-9k because of some bullshit issue. At least in a case like that you can make and additional 3-5k in fees by filing. I know you don't have any skin in the game other than your 5% of the fees you collect, but your time and resources are better spent elsewhere. Just my two cents
Smart. I have some good friends that hung a shingle. Early on they had a low meds wreck case and an old defense lawyer told them he would not offer a dime. Originally, they were pissed but the Def counsel was easy to deal with and reminded them that they HAD to take some cases to trial for insurance companies to take them serious. Def counsel was easy to work with, but did his job. Both of them say that this was one of the best things that could have happened. They got a decent result and good trial experience to use going forward in negotiations. They were lucky that an older def attorney was opposing and that he was not a pain in the ass to work with.
Go try cases. Big or small. You'll earn the respect of the defense bar and you'll get paid more as a result on your other cases.
anyone have any experience in title VII discrimination cases? I have a good grasp on them for the most part as I've filed them before, never had one go to trial. Questions regarding fee arrangements/how I get paid and issues regarding damages and hourly wages. I'm working one through the EEOC process right now waiting on right to sue letter and I think it's going to be a good one.
you guys care a lot more about respect from defense attorneys than i do. 80% of the time adjusters are the ones making decisions. and no one is going to care about a 6k verdict on 2k in meds at fucking all.