So earlier this year we settled a case for this guy. He was a decent guy but didn't react well to finding out his wife was cheating on him years ago (and that she had started again). He got screwed real hard at an early hearing to where he only got afternoon visits and the occasional overnight. This remained for a couple years bc his ex hated him with a passion. He worked hard to climb out of that hole. Re-married, got his priorities straight, did whatever he needed to do. We eventually got him week-to-week visitation with his kid which began last Sunday. He died in a car wreck yesterday... Rough fucking morning in the office.
I just kept notes on who gave extensions and who was a fucking pain in the ass to deal with and continually played discovery games. If the other side was easy to work with, I'd gladly grant them an extension. The second they didn't reciprocate, they went onto the other list. The guys that refused to give extensions or asked for an extension and then still made their usual objections after they got it, I'd never give them anything. It's a brutal way to practice, but unfortunately it's necessary.
In the end it feels like they would just file a motion for an extension that would be set and ruled on after after the extension date requested so as long as its not an unreasonable length of time, doesn't make sense to fight it.
This profession is hard and time-consuming enough for me to be a dick about an insignificant deadline for some trial that's set a year from now. This video was posted on this board like five years ago and it's stuck with me: Spoiler
Not sure if anyone here practices a lot of black lung cases, but Kentucky's current black lung laws are so fucked. Only 3 doctors qualified to give form 108/university evaluations per the recently enacted laws. Since it passed, I've had only one client get a "positive" diagnosis for black lung from these doctors (and my firm is high volume, so probably 1/50?). And this dude was literally on a transplant list due to pulmonary massive fibrosis, is basically terminal, and was awarded only stage one pneumoconiosis. In that case, I submitted multiple CT scans, multiple doctor diagnoses of large nodules/PMF, an x-ray, and multiple PFTs to overcome the presumptive weight given to UE exams (which consist of X-ray and Pulm. function test only). Employer submitted nothing, and the state filed the UE. Nope, stage one only. Difference between 60k and high six-figures. Just had a guy whose medical records from all treating pulmonary docs show around 40 to 50% FEV1 and FVCs consistently (including an independently selected federal black lung examiner). Apparently he has 97% lung function, so case dismissed. I guess all of the other doctors are wrong, and as shown above, it's a waste of resources to try to fight the presumptive weight. I usually try not to give a shit, but this one is really getting to me.
I used to defend them. In the 3 years that I did, I don't think I ever had a plaintiff who didn't also smoke like a chimney.
I think the same judges that handle Longshore cases , so ALJs from the DOL, also handle black lung cases. Is that correct?
Explaining worker's compensation law to clients is the worst. "I know you lost your finger dude, and I'm 100% with you that that totally sucks. But the legislature says you're due $6,000 and I can't do anything about that."
And on the flip side, explaining to Defendants that it is a "no fault" concept is the worst. Sorry Joe hammered a nail through his own hand, doesn't matter.
Dude, I just got a guy who lost a fingertip (index finger) $30,000 to resolve his claim, and he had the balls to tell me he thought this would be a million dollar case. Kept asking me if I was "sure" that we couldn't get more. No, motherfucker. If I could get more attorney fees by getting you more money, don't you think I would have?
Everyone knows the fair market value for 2 hands is $300k, so $30k for one finger is right on the money.
I had a lost nut products case. We only sold the product, so we didn't carry any liability. But, I do know that it settled for a lot less than you'd think. Of course, the idiot knocked up his girlfriend after he lost it, so he lost the ability to claim he was scared about fathering kids.
It's so refreshing when opposing counsel is reasonable and candid. I got the most professional demand I've ever gotten today. It's a trucking case, where the driver of the plaintiff's vehicle was clearly at fault, but it's still a truck and she had bad injuries. Plaintiff's counsel lays it all out to me and told me the number they need for a compromise settlement. And, it's pretty close to nuisance value (which we'll likely pay). Just a damned pleasure to work with somebody like that.
Congrats. I'll be leaving my post this summer and looking for my first big money(comparably) job. Hope it works out.
I've yet to have a plaintiffs attorney reach out and try to settle a case. They seemingly all would rather waste a day and pay $1200 to a mediator to reach the same number we would reach if we just spoke for 20 minutes
To their defense, it's often a lot easier for them to have a neutral third party lean on their client than just rely on them listening to their advice.
I reach out to ever defense lawyer and most of the time they either don’t have a clue what’s going on in the case or they say let me talk to the adjuster and I never hear back
Interview I had yesterday was interesting. I was basically needled all day about some of the strangest things, some completely out of my control. It was the whole good cop-bad cop spiel. I knew what was going on the entire time, but was still just a new experience for me being that it was my first serious interview for a job.
Also, Allstate forcing us to go to trial on every single uninsured motorist case could not be more annoying. $60k hospital bill. Cool go get a verdict for $100 and we will still only have to pay the $30k min limit
your job got more annoying this year: https://en.m.wikipedia.org/wiki/Marsy's_Law Somewhat related.... had an ASA demand speedy trial today, didn’t even know they could.
Marsy’s passed in Fla https://ballotpedia.org/Florida_Ame..._of_Laws_and_Rules_Amendment_(2018)#Arguments and my ASA demand speedy story is from Florida. Right by Pinellas actually.
Yeah I caught that and edited my post just after you began your response. I'll have to dig deeper into it when I get the chance. I've never even heard of this movement
Gallant Knight you better watch out, the nerve blocks are under attack. I have a hearing this afternoon in a comp case where the employer/carrier refused to approve a confirmatory diagnostic nerve block ordered by pain management prior to a neurotomy. They had a primary care doctor do a utilization review which found that medical research says that a confirmatory block doesn't preclude the incidence of false positives and is expensive
victims have a lot more rights now. for example, if there is restitution in a case you’ll need to give them notice of hearing before negotiations happen in court. But then again, you didn’t start prior to all these changes so no big deal to you I guess. We have a few ex and current prosecutors on here if you ever need help. I’ve only worked on defense side but can certainly chime in when need be.
Greatly appreciate it. I'm sure I will need some sort of guidance of insight throughout the process so I will remember to use this thread as an outlet.
Law school classmate, former coworker, and good friend of mine is arguing a case before SCOTUS right now. Smartest guy I’ve ever met, hope he kicks ass. https://www.scotusblog.com/case-files/cases/united-states-v-davis/
The Supreme Court jurisprudence in this field is already so fucked, I can’t wait to see how they make it more difficult to interpret