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Discussion in 'The Mainboard' started by Jax Teller, Apr 8, 2015.
I mean if you're arguing it can be evidence of partial comparative neg, then fine. If youre arguing getting drunk and subsequently falling from a trip hazard bars you from recovery, that's absurd.
And it obviously depends on the level of intoxication.
I don’t think it necessarily bars one from recovery, but I do think it’s a tricky position to argue in front of a jury. Especially if your client comes across as less than honest in a depo.
Unless the parking lot was a mantrap with a history of reported falls, I think that’s a super defensible case. Jury selection is going to be 98% of your case.
Voir dire: "How many of you like to fucking party?"
There's obviously a lot of other factors about the case and I didn't think it'd get this much attention. We have surveillance footage of the fall, and she's not stumbling or anything.
She's an OK client. Truthful, but very self-important.
focus group that shit
Hammer them Nug.
We had a client in a disputed liability MVA. Turned out she was full of cocaine at the time of accident.
State Trooper testified that she didn’t do anything to cause accident.
The one thing I've noticed since doing exclusively PI work is I'm becoming more of an asshole, mainly to adjusters. On several occasions I've had to take a step back and check myself from just being a jerk.
But it's just so absurd when you're dealing with a mid-20s adjuster that's giving you like $3,000 in generals on a surgical case. Come the fuck on. I did your job for like 10 years, I guarantee you I'm pretty close to what you're evaluating this case at. Just give me your top number and let's see if I have to file or not.
You did commercial defense. It’s a lot different than personal auto stuff.
Have a big mediation on Monday, client is a police officer that was rear-ended by a F-250. Pretty mild impact, but had a lumbar fusion and huge wage loss.
$500K policy -- called Def Counsel a few weeks ago and told them we're not really going to be moving that much, if any, off policy limits. If they're not viewing it the same let's cancel this and set a trial date.
They insisted on going forward with mediation, so we'll see. Would easily be my biggest settlement to date.
clearly she was more alert
You’ve got it figured out, man. I’m jealous as hell of your lifestyle. If Lady Tegg were ever to leave me for working too much, I’d join you.
I don’t argue with adjusters (or defense lawyers, really). I say “well, I guess that’s what juries are for” like 20 times a day.
Always interesting to see who will actually try a case. In my experience it’s been the in house allstate/state farm dudes who will and the actual law firm dudes don’t want any part of that
people who want to litigate the case over the phone are the fucking worst. We are talking numbers, not the merits of the case. You either want to exchange real numbers or don't.
yes the games they want to play are infuriating . it's mostly the insurance companies fault though, not theirs. the insurance companies often want them to make several offers before getting to the top offer. they aren't really allowed most of the time to just give out their best offer early. i find negotiating in general to be the dumbest and most annoying part of PI work. This is how it should work:
Plaintiff gives bottom line
Defense gives top offer
See if you can make that work
If you can't then file suit
but instead we have to play these ridiculous games that are infuriating
the attorneys I trust it works this way. Makes things so much better.
Recently on a small case I just told them early on I value it at $22k and that's our bottom line offer. They were at like $12k at the time. I think they'd literally go to trial if I didn't move off my number. I kept getting told they wouldn't bid against themselves. I"m not sure that method is going to work. Or you could say it will work if you just refuse to come off the number. As it gets closer to trial you'll eventually get a legit more more reasonable number. Often times they aren't putting out the real number until the week before trial after all the discovery and depos and medical proof has been put on
This is what I'd like to do eventually but definitely don't have the safety net (or any sort of safety net at the moment) to do this. I've been in-house for 9 yrs and have a solid grasp on the commercial aspects of business.
Gotta bill those hours.
just had my advertising person run some numbers for me. we do a little internet advertising.
generic car accident lawyer type google ads are $400/click here.
We are shooting for a cost per acquisition of $2300 for a MVA case from digital marketing. Some of the firms told me in bigger markets they are seeing $6,000+ as a reasonable CPA.
yall need to get some new advertising folks!
That sounds like a lot considering so many auto cases involve small policies.
we only do specific search terms for more niche cases. like we advertise for rideshare cases and car accident miscarraiges
so we don't get any of the like 'car accident lawyer' cases, but the ones we get are usually worth a decent amount. and we aren't spending that much compared to others
I have a slam dunk 18 wheeler rearender with one Plaintiff getting a lumbar fusion. $1m policy no excess. I sent a Stowers demand to which they just rejected.
Perhaps the response I sent back was too snarky. But how frustrating.
I just efiled a 56 page appellate brief in the police pursuit case I've been working on for the past 4 years. I like my odds of getting it reversed and remanded.
I've seen people say they expect a $1500 cost to sign up a MVA but I seriously doubt it in this market.
Sounds like you have the opportunity to make them pay more now
I once had a judge pick up my opponents summary judgment opposition brief and act like he was weighing it.
He then told us it was too heavy not to have an issue of fact.
Settled for $450K
Wow hope you didn’t have any inflated medical bills and take advantage of that poor insurance company
We’ve been having zoom meetings with the File Vine people. Looks awesome. I’m voting to change to it.
It’s what we use. My staff likes it a lot
Agreed but some of these should settle as a matter of course. This is clearly a billing exercise.
Took a rough settlement, but no trial this week. thank god. Case was a coin flip at best and too much risk for the client. I honestly didn't want potentially runing this guy's thanksgiving on my conscience.
Wow, "car accident miscarriages" is a thing? Enough for them to be a search item that yields clients?
We’ve gotten like 1/year
in Texas that’s a death case
Yea I've handled a few over the years. Gut wrenching.
I only know that because it happened to a friend of mine. Car wreck and miscarriage like a day later. Had to have a d&c. Think we got 100k from third party and then husband and wife had 100/300 and their insurance paid 200k immediately
Have a weird intersection crash case where OC filed MSJ. After briefing it out the ass, hearing was today. MSJ denied
CLIENT called the office. Upon answering the call the caller stated that she was recording the call. During her previous call, she mentioned that she was disconnected abruptly. The caller began to yell that she had a death in the family and was dealing with an emergency. I proceeded to apologize and attempted to assist her. She interjected that she was going to post the recorded call on social media. She stated that she had not received a document from the office. She began to scream that the office was negligent, using expletives. I disconnected the call.
lol i had to block this woman. she literally is calling every single second. i answer, she hangs up, and then calls back, i answer, she hangs up, calls back
i think she has called us 200 times today.
she claims shes on her youtube live telling everyone to clog up our phones
i love plaintiff work!
filevine gets better the more you commit to using it properly and modifying it to suit your needs.
has anyone used the medical chronology AI function? How good is it?
you are a medical chronology d rider
I enjoy nonprofit and tax exempt work, but man is it hard to the work at rates that work for both them and us. I'm about to take a bath on a potential new engagement, but I'm a softie and it's an all volunteer organization that saves lives.
I had a hearing this morning in a venue that is about 5 hours away from my office. Literally the exact opposite side of the state. After I get all the way down there, and despite filing a written objection to my motion, opposing counsel tells me just before the hearing that he “has completed his analysis” and is going to concede my motion. I shouldn’t complain. I got a good meal, a night with no kid responsibilities, and the easiest hours I can possibly bill. But man I was chapped this morning. I can’t imagine being that inconsiderate of someone else’s time.
Yesterday I found the greatest single piece of evidence I’ve ever found.
and the layer of coverage starting in 9 figures had counsel enter an appearance.