Same in MS. Basically no point in even trying if the other side is getting a lawyer and is going to put up a defense.
There are favorable rules here, too, but some pretty stringent case law about waiving certain affirmative defenses if not timely filed. A MFET tolls that time period.
2nd time this has happened to me. Me after a dream deposition where the Field Adjuster admitted the damage to the roof was caused by wind: Given yesterday's deposition, would you like to resolve this case? OC: Sure, is your demand still X? Me: No, my new demand is X+30k as we have incurred additional fees since the last time we discussed settlement AND our position is much stronger given the favorable deposition. OC: That is outrageous, you can't increase your demand. Me: Uhhh, I had to work more on the file, 4 depositions and a few hearings have taken place since the last time we spoke. OC: I guess we are going to have to mediate. Me: We can mediate if you want, but my demand will only go up as we now will have gone through mediation. OC: You have no idea how this whole settlement thing works. Me: I think I understand it just fine, please let me know how your client wishes to respond to our offer. Thanks, CF3234 I'm honestly hoping she keeps pushing back so I can file some partial MSJ's and rack up even more fees.
Is the patient male or female? Can’t think of one off the top of my head right now and it’s been a minute since I’ve had a urology case.
Don't know how shit operates in FL, but most adjuster's I've worked with would be perplexed and perturbed by a constantly increasing demand
Same. In WA, if you file a Notice of Appearance, Pltf has to try and schedule a conference with you before moving for Default.
How? The indemnity isn't changing, but the fees are going to keep going up as more work gets done on the case.
Unless the policy or a statute provides fee shifting or you have a bad faith claim, I think I’m with the defense lawyer here.
We have a 1 way fee shifting statute in 1st party property cases in Florida that favors the plaintiffs. Sorry shouldn't have assumed that everyone knew that.
That makes sense. This: is not a legit reason for a huge jump in the demand (in a vacuum, knowing nothing about fee shifting in FL). Not calling you out specifically, but I run across so many billboard, quantity-over-quality Pltf attorneys that take it personally when they have to actually, you know, litigate and submit briefs to the Court.
Nature of the job is at least going through the motions and taking depos and all that stuff. 1st party property can be pretty cookie cutter in terms of motions and briefs. Cases are made/broken during depos in this field. A lot of cases do settle quickly, but the fees are also pretty minimal. Got to work to get the big 30k+ fee settlements. Also, I don't really expect to take home an additional 30k in fees on this case. It's simple negotiating and also gives me more room to get the client more indemnity money that they didn't want to pay. I'll probably end up around 15k in new fees above my original demand when it's all said and done. It's a pretty standard practice down here, hence my post confused at the OC being upset.
yup. These are the ones who settle a 30k indemnity case for 36k after just filing a complaint, then go back to their client and hammer them down to 10k and keep the 26 in fees. fuck those guys
if anyone has relatively old geico lit cases call the adjusters on them asap have settled like 10 over the last month and just got 50k limits on one this morning where they denied the claim for like 3.5 years
welp. my bad. My old firm did major class action lawsuits and plane crash wrongful death. Would routinely have 1 million+ invested in multiple cases at a time. Current firm usually has about 1-3k invested after depos and hiring an engineer to go out to the house.
Most I've had into a case myself personally, not some big ass firm that I work for, but my ass being on the line, is like $100k. Medical malpractice. Was happy as shit to get it settled and get my money back. I have 2-3 cases right now with $40k + in them.
We had seven million in a 20~ person single event case earlier this year. Makes your butthole get pretty small when a judge is ruling on MSJs etc.
Curry Pajcic just got a $1 Billion verdict in a trucking case. https://www.jacksonville.com/story/...illion-jacksonville-nassau-county/5571037001/
The good news: got referred to a super cool urologist in Southern California who reviewed my case over the phone for free. The bad news: I don't have a case.
better to know now than a year and 25k in costs down the road because someone told you what you wanted to hear.
Agree completely. I told him to be as conservative as possible and tell me of all major problems or defenses.
College friend was in a clear liability trucking accident. I don’t do auto/trucking, so trying to figure out a value for him before I likely refer it out. He hit a semi that was going the wrong way on I-70 in downtown Columbus Ohio on his way to work at 4:30 AM. The semi realized it was going the wrong way and was attempting a U-turn in the middle of the interstate. He hit it while it was blocking all three lanes laterally. He didn’t see it due to several overpasses. Semi driver cited. He was not. He spent six days in the hospital with a broken pelvis, compound fracture femur, and broken ankle. He has been told they need to re-break his femur in a month before they can cast it. No work likely for six months, after substantial physical therapy. His lost wages aren’t high, but his medical and pain will be. Driver was with an asset based trucking company out of California that owns between 30-50 semis. Tell me what he’s looking at Plaintiffs’ guys.
Yeah, he put his UM/UIM on notice. No idea what limits he carries. He works for Ohio State, so the will be a medical lien from his health insurance.
Depends on venue, amount of medicals, aggravating liability factors /how much dirt you can get on the trucking company and driver , future medical cost, etc. Not sure if in OH the Defendant gets an offset for the amount insurance has paid . Or if you just get to board the retail cost of the medical bills. The medical costs could be an anchor holding down the value of the claim. His injuries are pretty bad. Also depends on whether he has permanent disability, restrictions, loss of wage earning capacity. Very hard to put any value on it given we don't know the amount of the medical bills and we don't know how well he recovers . Obviously a six figure case. Way too early to call it a seven figure case IMO. Is this a good Plaintiff venue?
I’m not taking a fee. I work for a fairly big firm and we won’t affiliate or take a fee. I’m still trying to see if we have anyone who can do it, but we don’t defend auto/trucking and we do plaintiffs bodily injury work even less.
there's some very good trucking lawyers in ohio and neighboring states to send it to. a good friend of mine practices up that way, he's based in kentucky but works in ohio a lot. just got a $70mm roadway defect verdict a month or so ago.
This happened in one of my venues once. Problem was the jury only meant to give a million, but they didn’t know how many zeros to put.
wes tegg do you ever propose a number in a case you dispute liability on in the Black Belt? We’re debating this on case I’m defending. It’s very dangerous for us. Liability is tenuous as best, but the damages are bad. I don’t like the idea of proposing a number if you do go against us, but I’m afraid of an astronomical verdict if we don’t give them something other than what Plaintiff’s lawyer asks for.
It’s tough. I normally don’t offer one because I’ve had jurors tell me that it hurt my argument. But, I’ve seen it work. I normally just attack their number instead.
I’m having a hard time imagining facts that could keep herb.burdette ‘s case under a million. And lol at not taking a fee on that referral.
Dude that's fucking six-figures. Even if you do it with your firm (and lol at that), they would hopefully break you off some. Have your wife or a friend refer it. Or if youre feeling super righteous, someone that needs it. Or take it and donate it. That's crazy talk
With everyone else saying take the fee. That’s a college education for one of your kids. Or someone else’s kid who needs it.