Lawyer thread

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

  1. El Tiburon

    El Tiburon Well-Known Member
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    DING DING DING!
     
  2. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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  3. Gallant Knight

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    i know I’ve said this before but being able to get attorneys fees for first party cases is such a game changer. Initial offer $7,500. We educate out of state adjuster about the fee issue. 10 days later they offer $50k limits
     
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  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    yall get attorneys fees in UM cases ?
     
  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    What is the TX cap on general damages?
     
  6. Nug

    Nug MexicanNug
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    You don't??? Even if there's no 3P?
     
  7. Gallant Knight

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    There isn’t one
     
    RJF-GUMP likes this.
  8. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    in what context do yall get attorney fees in a UM case? We could get them if we prove bad faith which is very rare
     
  9. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    well yalls collateral source sucks but no cap on generals makes up for it and some
     
  10. Gallant Knight

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    Yeah if you keep track of your time and win a first party trial they owe you fees
     
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  11. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    what is a win? a dispute over the damages is considered a pocket book dispute here and not bad faith
     
  12. Gallant Knight

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    There was an appellate case out of San Antonio where someone got a $5k verdict and one of the insurance companies had to be pay tens of thousands in fees. It’s still a new law but I think it’s basically if they don’t offer limits, you try the case and get a verdict, you get fees. It’s pretty tight
     
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  13. CF3234

    CF3234 Fan of: Bandwagons
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    One way fee statutes rule. I miss it so much.
     
  14. Gallant Knight

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    company that does custom modifications on cars, has a TV show about it, does not have auto coverage. this is going to be a fucking expensive lesson for them
     
    bigred77 likes this.
  15. Gallant Knight

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    how can the judge admonish the prosecutor to this extent, for the same shit, and not grant a mistrial??

    anyway the trump rico case in georgia has approximately a .01% chance of success.

     
    Rabid likes this.
  16. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    no the fulton county da's office has assuredly learned from their mistakes here and the trump rico case will go off without issue
     
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  17. Rabid

    Rabid Fan of: DQ Treats
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    I can’t imagine being so incompetent that someone had to talk to me like that in my job.
     
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  18. Gallant Knight

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    Tbh she has no reason to stop doing what she’s doing. Getting yelled at and then nothing happening after that is meaningless
     
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  19. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    Hey dawg a put a process server in your back seat so you can get sued while you’re cruising down the highway.
     
  20. colonel_forbin

    colonel_forbin Well-Known Member
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  21. CF3234

    CF3234 Fan of: Bandwagons
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    CoastalOrange and colonel_forbin like this.
  22. colonel_forbin

    colonel_forbin Well-Known Member
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    It's such a different world mediating with an experienced insurance adjuster for Chubb or some other commercial carrier vs. some needle dick with Geico.
     
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  23. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    We don’t.
     
  24. Nug

    Nug MexicanNug
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    So maybe I'm misunderstanding. But if Pltf is in collision with uninsured motorist, but has 1P/UIM coverage thru their own insurer, so you can make a claim and potentially sue 1P, you don't get fees?

    Like a quarter to a third of my cases have no 3P coverage.
     
  25. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    If P is in mva with an uninsured motorist and we make a demand and can’t get it settled , and go to trial and get $500k from a jury , and the policy is $1M, all we get is $500k. No fees on top.
     
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  26. Gallant Knight

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    I mean we get our contingency fee like any other case

    what we’re talking about is getting hourly fees when we try a first party case. So if it’s a $30k policy and you try it and have $40k in hourly fees you can get that
     
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  27. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    You get your contractual contingency fee from the client, but you don’t get a fee award from the carrier. In some states, you get the latter.
     
  28. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I got the cop’s body cam today in a CMV case where the driver testified (1) he doesn’t speak English, (2) he only communicated with the cop via google translate, and (3) denies he told the cop he fell asleep. He’s on video saying in English that he hadn’t slept the night before, was tired, and fell asleep.
     
  29. Gallant Knight

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    we've started ordering body cam footage on every case where there is a police report. think we started doing it like 3-4 years ago. the amount of money we've made by doing that...
     
    RJF-GUMP, wes tegg, Nug and 1 other person like this.
  30. El Tiburon

    El Tiburon Well-Known Member
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    Florida Gators

    It doesn’t happen often, but I have two med mal cases where there’s police body cam footage from the scene of the event and in both instances there was a bunch of footage and dialogue that was super helpful.

    Funny enough, the first one is the quad case I mentioned previously where a certain infamous Florida defense firm claims they can raise both the seatbelt defense and the intoxication defense to avoid liability (needless to say, they can’t). They were so fucking ecstatic to take the investigating officer’s depo whose body cam footage was at issue and it turns out that all of the information on the video absolutely sinks their theory. Hoisted on their own petard.
     
  31. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    In this one, the carrier pulled the defense from another lawyer after mediation. New firm amends driver’s answers to interrogatories to remove the part of his answer saying he “closed his eyes for a second” before impact. They threw lawyer one under the bus saying that he never had an interpreter and never got to review his answers. It’s in a very conservative venue, but it’s good heat.
     
    Gallant Knight likes this.
  32. El Tiburon

    El Tiburon Well-Known Member
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    Sponsor my pro hac for that one and I’ll try it with you.
     
    wes tegg likes this.
  33. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    18 wheeler pulls crazy maneuver on I-10 causes horrible wreck without touching PC and keeps going. PC is catastrophically injured. Eye witness says TT was super negligent and caused the crash. He could possibly identify TT if he saw a video of it from that night but does not remember the color of the truck that was pulling the flatbed trailer. Said it was a Semi pulling an empty flatbed trailer. Going to try to get video from welcome center on state line near where this happened. And send FOIA to Miss Department of Transportation for weigh station data from around that time. There was a weigh station nearby. And send PD to try and get video from anywhere also around there. Not loving my chances of tracking down this TT.
     
  34. Gallant Knight

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    Client: I can’t afford to take time off to recover from a surgery

    Client: will you make a lost wage claim for me

    client: does not have a job
     
  35. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Looks like they have to stop if they weigh 10k which all of them do even if not loaded.
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