That’s fair. And I’m surprised that stipulation was even broached, because it largely gets ignored and nobody knows any different. Expressly prohibiting a stenographic record for court cases is an entirely different beast and could have massive ripple effects.
I've been surprised what carriers will pay for bad faith claims in the workers' comp context. They are pretty scared of it. It doesn't come up often for me , but when it does, it moves the needle way more than your usual facts. Have one right now where we are negotiating bad faith into the resolution of the underlying comp claim. They initially denied the claim years ago, then when I got involved I sent them some information indicating the claim should have been accepted, then they still denied the claim, then I set it for trial, now they said they are going to accept the claim but they just don't think they owe much.
I don’t know what a permanent sciatic nerve injury leading to leg atrophy and drop foot in a 32 year old woman is worth, but I am very certain it’s not a number in the 5 figures. I’m just glad they didn’t offer binding arbitration, which would have capped my non-economic damages at $250k.
I had a foot drop case from a pedicle screw injury during cervical fusion in a 70 year old. Settled for $250k. So adjusted for age maybe $500k?
I was about to say, in a plaintiff friendly venue, it would change the value a good bit. I'm not sure how plaintiff friendly South Florida is, sounds like it's very friendly.
In my experience, the underlying cause of the injury is a factor in the award. So, for example, a low back injury caused by a car wreck might get you a $300k verdict, but the same injury caused by a negligent surgeon will be with 2-3x that amount. One is seen as an “accident” while the other one is treated as a fuck up.
Absolutely. An accident, and failing to perform what you are hired/supposed to do are treated two totally different ways. Having to explain that to an insurance adjuster for a pharmacy right now. Gave client wrong medication. Made her sick for a few weeks. Keep trying to explain, that while maybe not a ton, there is a surcharge for a pharmacy messing up that way.
We run google ads for pharmacy malpractice claims. The claims are pretty much admitted liability claims. They typically are like $25k settlements because the injuries aren't catastrophic. Easy money though. And the carriers want to settle them pre lit.
This one is a little squirrelly because my client took the medicine back to them and let them keep it. They're trying to settle it but want me to take pennies. I don't mind trying cases, and this one won't cost me too much. I'm willing to just go take a shot before I take some minimum settlement.
Have a commercial vehicle death case in federal court with the federal settlement conference next Tuesday. The memo is due today. There's a $300k+ comp lien that's going to cause problems. And the comp carrier knows liability is a slam dunk so we have very little leverage to get them to reduce. Lame.
I have one now against Publix and I don’t think they understand the level of deep shit they’re in with it yet.
Plaintiff has bad credit so buys a vehicle with terrible interest rate. They owe more on the vehicle than what he vehicle is worth. They have gap insurance. Defendant wrecks into them and totals their vehicle. Liability carrier pays the fair market value of the car and gap insurance pays off the note but the Plaintiff is left with nothing in their pocket and no vehicle. Plaintiff pays $5k down for a new vehicle so that they have transportation. Does Plaintiff have a legit special damages claim for the $5k down? Or is that just tough shit ? I've never had anyone that wanted to pursue this before or with this exact scenario.
Transactions guys. How many times/week does this happen to you: 1. Prepare an agreement using just a standard form, not expecting to really be charged anything because we are simply filling out a "form." 2. Client sends you a piece of shit agreement that he pulled off Google or drafted himself and asks you to just quickly review and bless it. I've stopped responding to these emails. I'm basically at the point I consider this email as an automatic termination of any further attorney/client relationship.
Today's mediation fun. OC and I are on the same page when it comes to resolving this case but the lit specialist needs to be brought along. He tells me off the record he has 15k in authority, I need to be at like 25k but he hopes that once everyone is in the zoom he can get the other 10. Do the whole song and dance and their final offer was 6.5k. 3 hours of my life wasted.
i would lean towards never mediating with that other lawyer again. if that happens where we mediate a case where there is a 0% chance i would take their offer, i either never mediate with that lawyer again or make them pay for the next one. has saved me a lot of wasted mediations with allstate and state farm over the years
Oh both the mediator and OC are on my shit list. Nailed it with State Farm though. though his wife did go into labor like 30 min ago.
my suits are at the dry cleaners for my trial next week. forgot I have a scheduling conference in federal court tomorrow. what's the most casual you guys have ever dressed in court? thinking I might try to pull off dress khakis, a dress shirt, tie and blazer. Hoping for some funny stories
I often wear slacks and blazer/sports coat to court. But that’s in state court in rural areas, and I do it on purpose. I’m just a poor country lawyer compared to these fancy, high paid insurance defense hacks.
It was $2,000 with 25,000 miles on it I think. One of the best investments we’ve ever made. I also drove it for about a week when my truck broke down, and that on the other hand was humiliating.
I drive a 4Runner that’s over 10 years old because I’m too stubborn to spend money on a new car when this one works just fine. But your point is well taken. When I was a young associate I was defending a pretty bad tram wreck case. Plaintiff’s counsel hired this expensive expert to conduct a video reenactment of the accident. They ended up not being able to use the video because you could see the lawyer leaning up against his Range Rover in his fancy ass suit talking on his cell phone in the background for the whole video. Pretty funny.
That’s why I wear seersucker suits with suspenders and a bow tie. I fit right in before a Miami jury.
In the pre-Covid days, Broward County circuit court was wild AF during the summer with their relaxed dress code for hearings. Those people took casual way too far.
There was an in house lawyer for GEICO who looked like a stripper and would wear white tank tops with no bra, and white linen pants to motion calendar. I loved her.
When I was in court in Miami’s a few years back, saw an attorney wearing a a very large Scooby Doo tie
30. I started at 35k I kept telling the mediator they know they need to make the jump into the teens or we aren't getting anywhere. I remember this girl. I remember having a 5ish minute convo with her when I was on the defense side and she was really chill. If its the attorney I'm thinking of, another chill guy. He only does pro-bono and public defender cases. Made a ton of money early in his career and then decided to give back the rest of his career after his son passed away tragically. Wears children's ties every day to honor his son.
I have a Zoom mediation on Friday, brought a cheap goodwill jacket to Mexico for this occasion - but forgot a button down. So going jacket over a grey polo. On top of shorts.
Was ready to call you the asshole, but yeah, that’s garbage. Fuck that adjuster and fuck opposing counsel.
Naw. I played my part. Normally I start mediations at the full demand unless I’ve had an off the record convo like I did yesterday.
If it’s not an actual court appearance, t-shirt. Court appearance, suit obviously. the practice of law is altogether too stuffy.