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Old 12-12-2012, 04:27 AM   #63
stapletonj
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Join Date: Mar 2009
Posts: 400
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Despite the snide, small town, demeaning comments, yes, I HAVE heard of slip and fall lawsuits. I have tried them. It is difficult and expensive because the first thing you have to do is get an expert and these are not cheap (at least$1000.00 just for an initial report) No insurance company in their right minds will settle with you for more than $500.00 (of which the lawyer gets 1/3) until you have this. 99% of all client will not pay this and expect you to advance it against their settlement. You do the math. Typically, the settlemetns are in the neighborhood of proven specials (medical bills and lost wages) times 2 or 3, unless there is MD proof of permanent damage, in which case it can go up. Most companies will gamble in the bigger cases (serious and permanent injury) becasue they have been "educating" the jury pool for about 25 years now, and they realize that it is VERY rare for a jury to return an award that would seriously "whack" them, and human nature tends to say, "Well, look where you're going, you get nothing". Even on the "manhole cover that flips up when you step on it" case.....


I took the murder case for the publicity? Ummm, no. I took it becasue it was assigned. I didn't have a choice. Back in the day, there was no public defender, the Judge just assinged you, and you had a choice, take it or resign form that county's bar and dont practice in that county anymore.


Most big to medium companies have attorneys on staff to deal with regulatory matters, not to defend lawsuits full time. That is almost always the job of "defense firms" which are often usually picked by the insurance companies.

Not even the N&W railway, they usually use Huddelston, Bolen, in my area.

PS - malpractice rates going up quickly due to prior competitive cost cutting by the insurance industry and later underperformance by the stock market, is not the same thing as evil plaintiff lawyers manipulating boob juries into returning multimillion dollar verdicts. IT just saves the insurance executive's bacon with the stockholders to pretend so. But that is an argument for another day. And no, I dont do med malpractice cases
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