Ok so this is one of the crazier things that has happened in my law practice. I get a call a few weeks ago from a lady that lives down here on the coast and she said she was separated from her husband a few years back and they were both homeless. She said a few months ago he was struck by a vehicle while he was walking down the road and was killed. He was living in Kentucky at the time. She said the adjuster had been in contact with her but they hadn't talked numbers or anything. The police report only had one witness-the driver of the vehicle, who said the pedestrian jumped out in front of the vehicle. Sounds like the guy had a history or drug abuse and homelessness. I figured this wasn't really going anywhere. Figured they'd deny liability and we wouldn't have any witnesses. I try to get a hold of the adjuster, no response. Send several emails and call several times. No response. Randomly call again today and reach the adjuster. She said , "Didn't such and such lawyer email you about this? " I said no. "Yah they were supposed to call you. Since it's a fatality case we're tendering limits." I'm thinking ok well limits are probably $25k or whatever their minimum limits are. She keeps talking a while about getting me in touch with their lawyer. I ask what are the limits. Adjuster: "$300k." Jaw drops to the floor.
You should have gone to opposing counsel after and said, “It looks like you just took two on your chin. Now wipe your mouth.”
What error could there possibly be to appeal? I can't imagine anything worth taking up on essentially a car wreck case other than "we don't like the result." The damages are not excessive given the medical history you provided. I bet they pay you all or very close to the entire verdict. That's a total loss loser for them.
trying to decide how much to give on a friends and family discount on a case that i worked up for 6 years and had to go to trial on i'm thinking from 40 to 30% thoughts
Had a jury trial last November on a govt takings case. Multiple plaintiffs we represented against drainage district. We had a fantastic expert showed the flooding was caused by govt practices and damages expert testified as to fair market rental value of flooded property. When jury went out, Defense counsel was smug as fuck. Jury is out one hour, sends note to the judge "Can we award any amount of damages or is it limited to specific amounts the expert testified about". I think defense attorney shit his pants in that very moment.
While we were waiting for the jury yesterday the judge was telling us about a criminal case he had pre Covid Dude was facing life in prison jury sent a note asking what is the maximum amount of years they can give him 10 minutes later the come back with not guilty apparently 2 of the jurors were just curious about that
Update. Won my MSJ on this case that the Field adjuster estimate was inadequate. Lets see if they finally show up with money or want to continue on with their BS argument that the insured committed fraud.
I had a treating chiro deposition set this morning for 9:00 Eastern. We're on central time, but he's in Atlanta. I got to the office at about 5:30 to prep, and noticed at 7:45 when I went to log on that the calendar invite didn't have the zoom link. I replied-all to the scheduling email asking that someone send it to me, and immediately get a call from Plaintiffs' lawyer on my cell. He's a good friend with whom I have had a ton of cases. "Shit man, you aren't in Atlanta are you?" (Somewhat panicking) "No. It's a zoom deposition, isn't it?" "I'm sorry; I canceled it last week and just forgot to call. I've got everyone on board, I'm just waiting on the VA. I think we'll get this settled soon." I ribbed him a little bit about not having anything better to do this morning, getting a jump start on my billing, might be pulling the offer now, etc. and started to go about my morning. Ten minutes later, the chiropractor's lawyer, who is with an Am Law 100 firm, called me wigging the fuck out. "This is _____ with _____ calling about the Dr. ______ deposition. I...I...I was told this case was settled. This case has settled!" "Oh yeah, I just talked to ____. He told me that he was finalizing some liens and we'd be settled once he works things out with the VA. No big deal. I know it wasn't your fault." "Oh... Oh. Okay. Thanks. Have a nice day." I kind of wish I'd gotten to depose this guy now, because (1) why is he represented, and (2) why was his lawyer so shook this morning? Not my money, so I don't really care at this point, but it was a weird interaction.
I had the same reaction when I found out a doc had a lawyer on retainer when trying to schedule a depo. Turns out she hired a dude to help with her fathers estate and just kept him for various things she needed. Went from pretty excited to not in a hurry
It's not crazy rare to have outside counsel for the doc for treating doc depos. Never heard of it for a chiro though.
Happens all the time here because of the legislature doing everything it can to stick it to Plaintiff treating physicians.
Most Washington doctors (not chiros) have personal counsel, very common. Just results in another cook in the kitchen.
Yeah it happens here and in Florida a good bit. hospital guys always have one, even for a straightforward car crash depo. my favorite is the radiology expert in tampa who has his own personal counsel appear for him in every case he’s retained in because he’s such a whore.
I've seen it where the doc is employed by a hospital that isn't a target defendant but the hospital has a policy of docs not testifying regarding causation or getting involved in medical /legal opinions. I've also seen it where the doc is an IME and his deposition is getting taken by the Plaintiff's lawyer. Of course defense counsel on the underlying claim is there but the doc hires outside counsel regarding financial discovery re: all the $ he makes on IME work which the Plaintiff always tries to obtain and impeach him with
I mean even if some dipshit lawyer is there you can still ask those questions and the doc will have to answer them
With this one, my thought is that the lawyer is there to claim trade secrets on their billing practices. That's where I was headed on my cross.
Settled the wildest case that's ever crossed my desk last week. Spoiler Client is a 28 y/o roided out meathead who is in town from out of state. Gets on Tinder and is invited over to this girl's house out in the sticks. He drives over and she meets him outside, saying they have to hook up in his car because her daughter is asleep inside. Client is in a tiny rental car, so they start hooking up and he's standing outside his car with her bent over his backseat. Headlights then start coming down this long country road/driveway toward the house and she says, "Oh my God, my fiance is home!" So she jumped out, naked, and starts running back inside. Client gets his boxers on and has just enough time to jump in his front seat and start the car. The fiance rams his truck into Client's car! Client then peels out and they go on a high speed chase down some country roads. Client is unfamiliar with the area and comes up on a hairpin turn at like 60 miles per hour, so he slams on his breaks and then gets rammed again from behind, sending his car off the road and into a small creek. He then jumps out and swims to the other side of the creek and runs off.
They'll file a protective order and you'll have to hash it out with the judge in motion practice. I've had a judge rule that some financial stuff can come in but not all of it. That was during trial. I had a bunch of the IME doc stuff from other lawyers that had obtained it. Judge wouldnt let it all in. I didn't tell OC I had it because it was impeachment. So when I started to get into it they objected and we had to hash it out.
Happens all the time. There’s a provision in the docs’ med mal liability policies that pays for counsel to attend depos with them. I used to get “depo only” assignments all the time which were a huge waste of time but certainly helped me advance several levels in Candy Crush.
Interesting. It never happens in Alabama, and I had not yet come across it with a doctor in another state. I've deposed them in several, including multiple in Florida. Sounds like I need to manufacture that gig here. I'd love to get paid to schedule and attend a depo that I don't have anything to do with.