They're saying that for your client to hear it. Insurance companies are aware of cost of defense on a macro level, not on a case-by-case level. Reserves are already set aside. I've said it before, but we're talking two totally different pools of money.
I know it's 2 different pools of money and that we've talked about it before. Actually based on those conversations I stopped thinking about it that way and agree with you. I agree that they are just saying it for my client to hear.
mediators say that in joint sessions and when its just me and the clients. mediators love saying it. is brought up every time.
I don’t think any of the good mediators in Houston have ever said that. If they did I would be like....what are you doing
Have an interesting (new to me) issue I'm going to do some research on later, but hoping someone here could point me in the right direction (i.e. type this in your west law search bar, lol). KY case: If a minor with a learner's permit gets hit with an excess jury verdict, are the parents going to be on the hook? What happened here is a 16/17 year old kid with a learning permit is speeding and crashes into client's vehicle and crushes this guy's hip. Guy has some priors, but this is a pretty devastating injury, and no doubt the insurance co. is going to fork over policy limits of 100k. But the client's demands are higher, so was hoping to figure out if we could even collect in the event we got an excess verdict.
Does Kentucky have negligent entrustment? I doubt you could collect from the parents just on the child's negligence, but you could on a separate tort claim directly against them. Was a parent with him, or was he just driving it without a license? If they were "coaching" him at the time, you could probably also bring the parent in on a negligent supervision theory.
Yes, we do. Correct me if I'm wrong here, because I was assuming this would be a little more difficult, but this statute seems directly on point, no? Looks like your negligent entrustment/supervision theory works under (3) and assuming the kid didn't have his own policy as said in (2) below, whoever signed with him for his permit is also potentially liable. KRS 186.590 - Minor's negligence imputed to person signing application or allowing him or her to drive (1) Any negligence of a minor under the age of eighteen (18) who has been licensed upon an application signed as provided by KRS 186.470, when driving any motor vehicle upon a highway, shall be imputed to the person who signed the application, if required,of the minor for the license. That person shall be jointly and severally liable with the minor for any damages caused by the negligence. (2) If a minor deposits or there is deposited in his or herbehalf, a proof of financial responsibility in form and amounts required by KRS 304.39-110, the person who signed the application shall not, while such proof is maintained, be subject to the liability imposed by subsection (1). If the minor is the owner of a motor vehicle, the proof of financial responsibility shall be with respect to the operation of that motor vehicle; if not an owner, then with respect to the operation of any motor vehicle. (3) Every motor vehicle owner who causes or knowingly permits a minor under the age of eighteen (18) to drive the vehicle upon a highway, and any person who gives or furnishes a motor vehicle to the minor shall be jointly and severally liable with the minor for damage caused by the negligence of the minor in driving the vehicle.
@z Do you want to talk to a commercial DL driving infraction potential client? A current client asked me if I knew anyone in Tuscaloosa that does that.
Don’t know why, but I keep having this defense firm try to get me to swap sides. Basically offered to take on my whole firm this time.
I’d like to think so, but it’s really sort of strange. I don’t really have a relationship there. I do a decent bit of defense work, but I’ve only ever worked on one case with this group. I don’t know if they just want help and think I’d be desperate or what.
PI lawyers : what rates have you seen for investigators that take pictures of vehicles /pick up police reports and do lower level field work after collisions-i.e. not actual accident investigation? I want to say I've seen a billboard firm pay those folks like $75 a trip to go do field work like that.
I'm licensed in TN but don't practice there (in-house). However, I have a number of friends that do. What's up?
I was for 12 months. Then I moved to Colorado. I think Craig Pettis might be who you are looking for.
TFW your client says she would accept 80k, the adjuster comes in with a 100k initial offer, and you settle for 125k.
In these soft tissue MVA jury trials do you think it helps more to get the ER physician's depo to talk about initial treatment and whiplash etc that can happen due to MVAs or get the chiro that treated them extensively? I don't think the financial side justifies both. I figure a lot of people trust actual MDs more than chiros. But maybe your lay person doesn't know the difference. But OC is definitely going to point out the difference to the jury on cross x of the chiro. I'm left thinking the best choice is the chiro because he can talk about the progression of treatment and problems the client was having. But obviously you'll need a solid chiro that will stand up on cross x. I have one where there's like $4800 in meds and even after filing suit they are offering $7500 and won't do $10k. Literally going to have to have a jury trial on it.
why not have them see an ortho the er doc doesn’t give a shit about testifying and chiros are all idiots
we don't have any ortho spine specialist that will take an LOP around here and she has no insurance. There's an IME doc that is an orthopedic spine specialist but the case doesn't warrant that kind of expense.
We just got our first Amazon delivery case. "Keep these guys happy. Could keep us busy for years to come."
You mean people practicing a discipline that the founder thought was beamed to him from another world and was an anti-vaccer aren't serious people?
ER doctor. A defense lawyer who knows what he is doing can fuck up every chiropractor, no matter how "good" he is.
75% of my chiro depos are probably between net neutral to negative; 10% are positive; and the other 15% kill the case. found a couple of pain docs that are amazing so have decided to depose them before the chiros and try to settle after that. a few of them have been like 50%+ increase in offers after their depos
Yeah, I've kind of wondered why more plaintiff's lawyers aren't using physiatrists/pain specialists. I guess most of them are now too concerned about getting in trouble for writing scripts.
100% prefer PT to chiro. You have to have a referral for PT around here, you can’t just walk in. And if the client doesn’t have insurance then it is hard to get them into a PCP to get the referral. Under our ethics rules I can pay for that PCP visit or set up LOP. But now most of the PCP clinics are refusing to see ppl that have been in MVAs . Called like 10 PCPs one day for a MVA client so he could get refered to PT. None would treat a MVA patient. I think the refusal is because they want to bill the liability carrier and that’s just not how it works. I still don’t know why they refuse to treat ppl that were in MVAs. BCBS/medicare etc will def pay the doc. I have a few PCPs I finally found that will treat MVAs on LOP.
I don’t even think I would harp on causation with a chiro in a depo. Mostly would just get them to spell out all the crap the client had to go through with the chiro during their course of treatment. You don’t want your client whining about all the treatment they had to get. Better for that to come out of someone else’s mouth. When picking between chiro and ER doc-both options suck.
our legislature has effectively done away with shooting cases. There are no more negligent security cases any more.
In federal court premises liability case: I didn't designate a human factors /engineer expert because I didn't think it was necessary and didn't want to drive up cost. Defendant designated one. You think the magistrate will give me a hard time if I designate a rebuttal human factors/engineer expert? I asked for a rebuttal expert deadline in the case management conference but magistrate said we'd just cross that bridge when we get there.
I can’t wait to depose him. His report is absolute nonsense. He’s one of those experts who lists about 17 things he specializes in. I’m fairly sure he’s trying to capitalize on his stint in the spotlight and will say whatever the hell he’s asked to.
If you requested a rebuttal expert in a timely fashion I have no idea why a magistrate would deny you one.
What’s the name of the Atlanta dude who is famous for them? Edit: Gil Deitch is who I was thinking of.