Lawyer thread

Discussion in 'The Mainboard' started by Jax Teller, Apr 8, 2015.

  1. Gallant Knight

    Donor
    Arkansas Razorbacks

    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.
     
  2. dome foam

    dome foam ¯\_(ツ)_/¯
    Texas LonghornsHouston AstrosHouston RocketsHouston Texans

    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.
     
    Gallant Knight likes this.
  3. Bricktop the white

    Bricktop the white Well-Known Member

    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.
     
    bigred77 likes this.
  4. Gallant Knight

    Donor
    Arkansas Razorbacks

    I can arrange that if you let me rep you
     
  5. bertwing

    bertwing check out the nametag grandma
    Staff Donor
    Arkansas RazorbacksNew Orleans SaintsTiger WoodsBarAndGrill

    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?
     
  6. Arkadin

    Arkadin inefficiently efficent and unclearly clear
    Donor

    Jesus christ
     
  7. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    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).
     
    bertwing likes this.
  8. bertwing

    bertwing check out the nametag grandma
    Staff Donor
    Arkansas RazorbacksNew Orleans SaintsTiger WoodsBarAndGrill

    Thanks
     
  9. Arkadin

    Arkadin inefficiently efficent and unclearly clear
    Donor

    That's just nuts. Glad he's ok
     
    bertwing likes this.
  10. bertwing

    bertwing check out the nametag grandma
    Staff Donor
    Arkansas RazorbacksNew Orleans SaintsTiger WoodsBarAndGrill

    Thanks. I’ll send you the info in a few mins
     
  11. Gallant Knight

    Donor
    Arkansas Razorbacks

    I’m not sure I don’t think this exists in Texas

    I hope your son is ok
     
    wes tegg and bertwing like this.
  12. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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.
     
  13. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    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 :smug:
     
  14. Gallant Knight

    Donor
    Arkansas Razorbacks

    these are my favorite. i especially like when they find something via discovery and are like GOTCHA!!! and they always overpay at mediation.
     
  15. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
    Donor
    Texas AandM Aggies altNew York YankeesDallas MavericksDallas CowboysTottenham Hotspur

    El Paso is notorious for this.
     
  16. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    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.
     
    RJF-GUMP likes this.
  17. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    Anyone practice employment law in Florida?
     
  18. Z

    Z Well-Known Member
    Alabama Crimson TideBoston Red Sox

    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.
     
    ARCO, El Tiburon and colonel_forbin like this.
  19. Gallant Knight

    Donor
    Arkansas Razorbacks

    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.
     
    RJF-GUMP likes this.
  20. Gallant Knight

    Donor
    Arkansas Razorbacks

    "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
     
  21. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'm surprised they aren't just threatening to fire you.
     
    bro likes this.
  22. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersDenver NuggetsBuffalo BillsBuffalo Sabres

    Sanction me, sanction me with your army.
     
  23. Nelson

    Nelson Can somebody please get Ja Rule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester United

    I’ve got an annual review tomorrow :blech:
     
  24. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    :rain:
     
  25. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    I'll just ask, is continued employment sufficient consideration for a mutual arbitration clause?
     
  26. Nelson

    Nelson Can somebody please get Ja Rule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester United

    Firm is virtually lockstep so that’s already known
     
  27. Nelson

    Nelson Can somebody please get Ja Rule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester United

    I’m confused. Why would you need new consideration? Is it an amendment?
     
  28. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    New agreement for current and future at will employees.
     
    Nelson likes this.
  29. Nelson

    Nelson Can somebody please get Ja Rule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester United

    Nothing else new going in that benefits the employees?
     
  30. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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?
     
  31. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    Yes

    Burn cases are common and I’ve successfully settled heart attack cases for six figures. Does Bama not?
     
    RJF-GUMP likes this.
  32. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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.
     
  33. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    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.
     
    RJF-GUMP and 941Gator like this.
  34. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    Company has to arbitrate too.
     
  35. Nelson

    Nelson Can somebody please get Ja Rule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester United

    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.
     
  36. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    Appears to be the case. Not so much in Missouri apparently.
     
    Nelson likes this.
  37. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    We don't have that here that I know of. Good for Florida.