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Discussion in 'The Mainboard' started by Jax Teller, Apr 8, 2015.
Shit, I wish.
Got part of a major amputation/burn case settled with a secondary defendant today. We did everything back and forth over the phone without a mediator. I wish it worked this way more often.
And one just got fired.
And another associate left last week (after giving 2 weeks notice).
Rats off a sinking ship.
How the fuck do you get fired like one month into your legal career?
lol why did they get fired?
Keep in mind, this is a firm that didn’t fire BamaNug when he surreptitiously fled to Mexico for 3 weeks without telling them. This associate must have given the managing partner’s daughter a Cleveland Steamer.
This is the same guy that drafted a 25 page motion to compel, and copy/pasted our lit report for the MSJ. Probably fired for general incompetence.
I'm not a great lawyer, probably somewhere between above-average and good. But I know how to bill time and make this firm a shitload of money. I think that's the main reason I'm still employed. And I'm the only lawyer in the firm that can navigate FedEx's stupid fucking online portal that must be updated by the 5th of every month.
And it was 4 weeks.
We have a case where a homeless person was asleep/passed out in a sleeping bag in the middle of a rural road. Our tractor-trailer thought it was garbage, ran over it with no idea it was a sleeping bag with a person. We have Dashcam footage, and looking closely you can kind of make out a sleeping bag, but it's far from obvious. (WA is pure comparative, so even if decedent was 99% at fault can recover 1%).
Decedent has no relatives, no family members, literally zero next-of-kin. A plaintiff lawyer opened an estate on her behalf and is now presenting a claim.
How in the world do you evaluate exposure on this? Assuming liability, how do you calculate damages? Then taking into account liability?
Can the plaintiff lawyer do that
They can in Florida so I assume they can in Washington, too.
Not the first time I've seen it.
Yeah, they can definitely do it in Alabama, too. I've seen it done for the deceased plaintiff and for a deceased defendant.
Here, only the executor/administrator of an estate can bring a wrongful death suit.
Where does the money go?
Follows the distributions statute/intestate succession. If there truly are no next-of-kin, the estate's recovery (minus the attorney's fee and expenses and the County Administrator's 10%) would go to the State's general fund. The County Administrator actually becomes the "client."
Edit to add: it could also be an administrator ad litem appointed by the judge. I just said County Administrator because the time I've encountered something similar it was a county that had one.
So just find a dead dude, confirm there aren’t any next of kin, and imma make that dead dude my client?
I've had a plaintiff's case with a dead homeless guy decedent that was run over when he was walking in the middle of a highway. ask my anything.
Damages wise: the guy most likely didn't have very much conscience pain and suffering. But obviously you'd know more about that based on the facts of the case. Assuming he died instantly, not much there. In terms of consortium claims for any surviving family members: going to depend on the relationship between his surviving family members and him. The problem is homeless people often have horrible relationships with their family, haven't spoken with them in years, etc. They don't make any money so you have no loss of financial support claims. In other words, the claim could have very little value.
Signed up a new case yesterday that is, potentially, the biggest single event case I've ever had. I'm going to push the shit out of it.
I just received my third wrongful death in a month where the Decedent was a homeless person in the road for who knows why.
I am not as excited as you.
I hope it is against one of my well-paying clients.
Best of luck good sir. May all the depos and CME's be in your favor.
and this case didn't settle. Insurance company showed up with less money than they offered prior to mediation. 3x in a row this has now happened with the same insurance company. Very annoyed.
State Farm or Allstate?
Lol no. Universal property and casualty insurance company
Turns out both our train cases were horrible and we've non rep'ed both of them. On one, the dude was drunk and tried to go around another car in front of him that was actually stopped at the train track and got smoked. On the other we got footage from a nearby business and got witnesses who said the PC tried to beat the train and just ran straight into it (also there was flashing lights and train was blowing horn)
Amazing. I guess at least now you know about railroad preemption.
I told my partner the same thing. I know a shit ton more about railroad cases now. I have a word doc full of research on the preemption and other issues. I'm ready to rock if one comes along that doesn't involve some fuckhead trying to commit fraud
Unfortunately, that's most of them. It's not like trains can sneak up on people, and you know exactly where they're headed.
Client with workers comp case says she fell and hurt right arm at Wendys. Get the medical records and prepping for recorded statement tomorrow. 2 weeks before the fall there was an injury to the same arm where she went to the ER. ER says she had mechanical fall and hurt right arm. Client claims she was a passenger in a vehicle that went hard over a pot hole and was somehow injured And she claims it was her left arm and that the ER just got that wrong One day after the accident we have an note from the ER saying that the previous day (date of accident) she fell in the shower and hurt her right arm. No mention of an on the job injury.
Sounds like she needs Life Alert.
I told her I didn't think she had a viable case and she hung up on me. I then sent her a zip whip (text through our office line) saying that I would be withdrawing. She responded "No your fired" Boom she got me good
Oh man, she fucking told you.
He can get in line behind me.
Saw y’all going to the mat on that RoR letter.
Ha. Client’s call. Zero expectation of wining that one (or any motion down there really). I think my name is on the motion but I barely read it. New associate was real proud though.
Idk what judge will do on it. No clue of any Alabama case law.
I just want judge reading off y’alls carrier with the rest once we start voir dire.
Had my first client fire me today after 10 yrs of practicing. Such a relief. So much shit on my plate right now. If I have to lose clients I prefer it be these ones — for which I do 100% of the work, am the sole firm contact, and do all the billing and admin work, but get $0 origination. Way too many friends of friends of friends of other partners calling me to do work
lol definitely not a plaintiff guy
I don’t know how you plaintiff’s attorneys deal with your clients.
It’s the only justification because my clients fucking suuuuuuck. 95% of them I can’t fucking stand. The other 5% I tolerate.
I hate 98% of them
I just had one ask to extend his hotel stay for an extra day because his check out was at 11 but his flight did not leave until 3 the same day. So I did and he missed the flight.
Most of my Plaintiff clients are fine. Other than divorce clients, which I don't really do anymore, you want some bad clients, represent municipalities/counties.
We have a lawyer in our office that only does HOA/Condo Association disputes. The worrrrrst.