it has to be some local protectionist bullshit to keep out of town attorneys from working on el paso county cases. i'm in a county court too--this one was referred to me be another firm (we never file in county court, ever)--and the coordinator said the judge told her to tell me that "if you file a case in el paso you need to be prepared to come to el paso or you can hire an el paso attorney" i've also filed to appear on a couple of cases over my career where we had a filing error and the judge just dismissed the case and we had to get them to reinstate it. i think it's happened twice in like 500 lit cases. never heard of them sanctioning anyone.
on second thought, it could have been that he threatened a $500.00 sanction OR hire a local el paso guy. regardless, yeah. protectionist BS...that was confirmed by the guy we hired to appear.
I've been insurance defense for 7 months now and my biggest dream is to get in a car wreck where I don't die but big enough to where I don't have to go to work.
Got a question for some of our ambulance chaser MVA attorneys cc: Gallant Knight My son was hit head on by a 19 year old kid from Tulsa when it was raining and dude was going 45-50mph around a 90 degree curve and came into my sons lane and hit him head on. Our car was totaled and my son had some whiplash. We just resolved the vehicle portion of the claim last week. Today we received a subpoena for a restitution hearing. I’m assuming the driver was cited for wreckless driving or something like that. Should we pursue this, and will we get anything out of it? Is this something the driver/insured would have to pay?
Restitution to the victim may be mandatory in regards to his criminal case plea. Some money is reduced to a judgement and some money is part of the sentence. Putting the victim on notice can also be mandatory. If your son can't make it, have him send the Prosecutor a letter/form reply. I think the real question is can your son double dip and the answer seems to be yes. If you PM me the drivers name and county of accident, I can see what criminal charge he has (or you can on clerk).
There's a victim compensation fund that I've run into in MS in civil cases that had a criminal component. I believe that part of the deal is that if you get a civil recovery you have to pay the victim fund back. Sounds kinda like what you are talking about.
Finished up my second trial in a month on Friday. Most of the work I do is medical malpractice defense, but this was a nursing home case where my partner and I were hired specifically because they knew from the beginning that they wanted to take the case to trial and felt like they needed lawyers with more of a trial track record as opposed to the litigate-and-settle types. It was a very interesting experience because one thing I could tell is that nursing home plaintiff attorneys approach cases very differently from what I’m used to seeing in med mal cases. I got the sense that the plaintiff’s lawyers were equally perplexed about our approach, and felt like we were out of our depth. Guess the jury liked our approach better, as they came back in an hour and fifteen minutes (including eating lunch) with a defense verdict
these are my favorite. i especially like when they find something via discovery and are like GOTCHA!!! and they always overpay at mediation.
A few years back I picked up some work from an excess lines general liability carrier. The adjusters and managers were good dudes, but the clientele was always sketchy. Anyway, as an excess lines carrier all they ever wanted from me was to quickly get records depose the plaintiff and beg for a settlement demand. I hated doing their work, and I’m glad I stopped getting referrals from them before I developed a bad reputation as a pushover.
Congrats. I despise med mal work. Unless something comes through my door that is just an absolute slam dunk, I'm not touching it. I've wasted too much time/money.
and just had a client threaten to report me to the bar if i didn't give him an advance on his case. i love my job.
"i haven't been able to work for 2 weeks and i got offered a job as a delivery driver but i need new tags for my truck" sir, the last update i have is from wednesday of last week where i spoke with the adjsuter and she said she wanted the lawyer to take your deposition so i emailed the lawyer and asked him for depo dates in july and august "well this shit is just taking too long i'm going to call the bar and have them look into you because i've never had a case take this damn long" yay
MORBO! or anyone else that does comp-in your state can you get permanent partial/total indemnity benefits for burn injuries or heart conditions/heart attacks caused by the job?
Yes Burn cases are common and I’ve successfully settled heart attack cases for six figures. Does Bama not?
have a lawyer that's been trying to get in touch with me about a chemical burn case and I've never done one. I guess if the chemical burn is bad enough that the claimant has permanent work restrictions then it is subject to permanent partial disability. I just did some research and found the same regarding heart attacks. Have a guy that was driving a tractor trailer , with no prior heart issues other than high blood pressure. He passes out at the wheel and flips the tractor trailer. Comp denied his claim. He had to have a pace maker and a stint inserted after the wreck. My take on it is you need expert testimony from the treating cardiologist which would be real expensive and it is subject to apportionment for preexisting condition and therefore not worth pursuing.
I don't do comp, but I have a current case where the damages are affected by a comp issue I was previously unaware of. At least in the state of Florida, there is a specific law that covers cops, firefighters and other first responders which provides comp benefits automatically to any such cop/firefighter who suffers from a heart or lung issue, as they are presumed to be work-related. So if you ever get approached for a comp claim by a cop or firefighter with that type of injury, it's worth looking into.
Right, I meant besides that clause. But either way, a peppercorn is a peppercorn is generally my view. The employees get continued employment and arbitration. Unless Florida is out of left field on this, that should be far more than enough.
Hey all, quick question on real estate contracts and earnest money. When in a circumstance where a buyer ends up pulling out of a contract to purchase a home and the said buyer ends up ghosting all parties without reason, is the seller entitled to the earnest money?
You should look at your the purchase contract and see what it says. I'm closing on a house and had to pay what the contract labels as "earnest money" but really under the terms it's just a refundable deposit.
it's amazing how quickly i turn from a "blessing" when people meet me the first time to the devil when i'm discussing settlements with client who saw a chiropractor 8-10 times and got two x-rays.
this is the lady who was PISSED that I wouldn't come back to the office on Memorial Day weekend to review her case with her. Will be so happy when I never have to deal with her again.
mediation tomorrow in the case where client has 26k in meds and wants to walk with 100k in her pocket after fees/liens. hahahaha
Not a lawyer but yes, the firm I worked at used them frequently. We used Oasis previously but signal came in and gave better terms. If I remember correctly, the guys who started Signal we’re all former Oasis employees who left and started there own company.