Lawyer thread

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

  1. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    like the mediator is telling you that or the adjuster is in a joint session?
     
    colonel_forbin likes this.
  2. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    They're saying that for your client to hear it. :twocents:

    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.
     
  3. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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.
     
    wes tegg likes this.
  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    mediators say that in joint sessions and when its just me and the clients. mediators love saying it. is brought up every time.
     
    wes tegg likes this.
  5. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    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
     
    RJF-GUMP likes this.
  6. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    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.
     
  7. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    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.
     
    colonel_forbin and ukcats8 like this.
  8. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    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.
     
    colonel_forbin and wes tegg like this.
  9. dome foam

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

    Looks like I am suing my neighbor.
     

    Attached Files:

  10. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    Looks like it, and that statute rules.
     
    ukcats8 likes this.
  11. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    Be glad that’s not your house. (Speaking from experience).
     
  12. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    yeah for real; I can’t imagine what it’s like living next to them

    :awesomeface:
     
  13. dome foam

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

    Well, yeah.

    It did skim the roof and knocked off my gutters.
     
  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Got pitched essentially $10k a month for SEO/PPC today. Shit is getting expensive.
     
  15. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Was just approved
     
  16. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Isn't someone in here a lawyer in TN?
     
  17. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    @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.
     
  18. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Hate that I don’t get notifications when somebody tries to tag me.

    Send me a PI case Gump.
     
    RJF-GUMP likes this.
  19. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    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.
     
    wes tegg and RJF-GUMP like this.
  20. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    sounds flattering . you must be doing something right.
     
  21. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    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.
     
    RJF-GUMP and wes tegg like this.
  22. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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.
     
  23. CoastalOrange

    CoastalOrange Well-Known Member
    Donor
    Clemson TigersTennessee VolunteersBarcelonaUnited States Men's National Soccer TeamLiverpool

    I'm licensed in TN but don't practice there (in-house). However, I have a number of friends that do. What's up?
     
  24. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I had a question about TN worker's compensation law but I think I have it figured out. Thanks though
     
    CoastalOrange likes this.
  25. bro

    bro Your Mother’s Favorite Shitposter
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    I was for 12 months. Then I moved to Colorado. I think Craig Pettis might be who you are looking for.
     
    colonel_forbin likes this.
  26. Craig Pettis

    Craig Pettis Que será será motherfucker
    Donor
    Memphis TigersTennessee VolunteersSt. Louis CardinalsMemphis GrizzliesMetalPoker

    :cerealkiller:

    :in-n-out:


    Don’t know shit about employment law in TN other than the employee is usually fucked
     
  27. MORBO!

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

    TFW your client says she would accept 80k, the adjuster comes in with a 100k initial offer, and you settle for 125k.
     
    bro, bertwing, ARCO and 8 others like this.
  28. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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.
     
  29. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    why not have them see an ortho

    the er doc doesn’t give a shit about testifying

    and chiros are all idiots
     
    bertwing, wes tegg, Z and 1 other person like this.
  30. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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.
     
    wes tegg likes this.
  31. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    We just got our first Amazon delivery case.

    "Keep these guys happy. Could keep us busy for years to come."

    :yaoface:
     
  32. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    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?
     
  33. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    ER doctor. A defense lawyer who knows what he is doing can fuck up every chiropractor, no matter how "good" he is.
     
    bertwing, RJF-GUMP, Z and 1 other person like this.
  34. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    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
     
    wes tegg likes this.
  35. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    I'll send clients to PT 1,000 times before a chiro.

    But then I absolutely despise chiropractic.
     
  36. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    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.
     
  37. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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.
     
  38. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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.
     
  39. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    I’ve learned to just handle shooting cases and not worry about doctors
     
    wes tegg likes this.
  40. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    I’ve also had someone disclose Bennet Omalu as an expert twice recently.
     
    wes tegg likes this.
  41. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    nm
     
    #11991 Nug, Feb 24, 2021
    Last edited: Feb 24, 2021
  42. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    our legislature has effectively done away with shooting cases. There are no more negligent security cases any more.
     
  43. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    BA850343-AD0A-4A97-988F-4978AB222A0F.gif
     
  44. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    They’re a gold mine in Georgia.
     
    wes tegg and RJF-GUMP like this.
  45. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    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.
     
  46. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    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.
     
    wes tegg likes this.
  47. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    know some guys down in Miami that are just bathing in money from those cases.
     
  48. ARCO

    ARCO I wish I wasn't wearing this fucking shirt
    Donor
    Colorado BuffaloesArsenalDenver BroncosDenver NuggetsArkansas Razorbacks

    If you requested a rebuttal expert in a timely fashion I have no idea why a magistrate would deny you one.
     
    wes tegg and RJF-GUMP like this.
  49. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    Nobody is doing it like Pete Law. It’s absolutely unreal.
     
    wes tegg and RJF-GUMP like this.
  50. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    What’s the name of the Atlanta dude who is famous for them?

    Edit: Gil Deitch is who I was thinking of.