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Old 07-17-2015, 08:16 PM
  #21  
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I used to be an insurance adjuster. I had to deal with all the people who thought their little bump should be a million dollar settlement. I hated dealing with the true ambulance chasers. If he was hurt, why was he seeing a chiropractor instead of a real doctor? If he was seeing the chiropractor once a week, then all of a sudden needed to see him twice a week, 4 weeks after the accident, maybe he should have gone to see a real doctor.

I actually had to get a little snotty with a chiropractor once. Dude called me wanting me to pay his clients bill. lol...no. His attorney was dragging it out, I wasn't settling until I had all the medical bills. I'd pay the chiro bills, but I wasn't tripling it for a pain and suffering settlement!!

rant over...
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Old 07-17-2015, 08:55 PM
  #22  
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76 Stamas, what really sucks is that you are what is great about this country - you own a business, employ people, pay all the right bills... and now you get screwed.

If you can I'd go all John Galt.

I'm done with all the bullshit. I dissolved my company (much smaller than yours) and am enjoying retirement.

Hope all this works out ok. A PI might be a way to dissolve a lawsuit... watching the "injured."
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Old 07-18-2015, 04:46 AM
  #23  
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Originally Posted by FishnDive View Post
Daytime TV has one ad after another, trolling for people that want to sue. It show happy customers bragging about their big settlements.
Total Bullshit. Attorneys trolling...no, make that bottom feeding.
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Old 07-18-2015, 05:08 AM
  #24  
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Originally Posted by 76 Stamas View Post
What has happened to our society?
Actually, the number of personal injury lawsuit filings, and overall settlement sizes, has been declining nationwide or several years. I'm going fishing so don't have the time to pull links, but here is one that has some good facts and conjecture.

http://www.texaslawyer.com/id=120271...20150618080435

For the skeptics, just Google "personal injury lawsuit declines" and you'll find others.

Sorry about the accident.
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Old 07-18-2015, 05:25 AM
  #25  
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Two winters ago there was a Toledo Area Rapid Transit Authority (TARTA), it's the Toledo bus service. There was a minor accident where a car hit the bus, there was minimal damage to either the car or the bus. The bus has a camera in it and the camera filmed people trying to get ON the bus. The police identified the people and waited until they filed an injury lawsuit and then arrested them for insurance fraud. You guys can probably never guess what race every one of them was.....
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Old 07-18-2015, 05:29 AM
  #26  
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I have one right now. I rear ended a guy. They are taking me to court for 75 grand. Wife even has a claim cause due to her husbands injury he isn't doing his duties as a husband. His medical bills were around 8 grand. His attorneys offer was 25 grand. My insurance countered with 11 grand. They stopped right there and want to go to court for 75k sheesh
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Old 07-18-2015, 06:39 AM
  #27  
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Sad thing is, if Physicians Group gets a hold of him, they'll rack up $40k in medical bills for practically no injury.
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Old 07-18-2015, 07:35 AM
  #28  
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In reality, if the guy would lose 70 pounds he wouldn't have any back pains and his wife woukdnt have to have a claim against me for her husbands lack of performance.
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Old 07-18-2015, 07:44 AM
  #29  
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The sad thing is that this is an industry, a very, very big industry. From the Insurance companies that sell you protection from these claims to the "Sore neck lawyer" who make millions. Defense lawyers that defend for Insurance Companies. At a lower level there are runners that go out and solicit every claim. On a much lower level there are the people that stage accidents. There are Chiropractors who do nothing else but treat the "victims". It goes on and on.

If you do not think you have a problem look at your yellow pages attorney listings. Houston has over 50 pages. That is right 50 pages of sore neck lawyer ads in a metropolitan yellow pages book.

So what do you do about it. Not much. If ever on a jury give them nothing.
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Old 07-18-2015, 08:03 AM
  #30  
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Originally Posted by chimmike View Post
Sad thing is, if Physicians Group gets a hold of him, they'll rack up $40k in medical bills for practically no injury.
Because if they don't take his "injury" seriously and work him up stem to stern and miss something then guess what he''ll be suing them too.

This happens because there is NO significant punishment to the frivolous lawsuit. If the person who brings it loses then they get nothing. Likely someone will settle and they will get something and so OF COURSE the attorney gets their cut.

There needs to be serious punishment handed out for this crap like jail time for the fraudster and disbarring and or jail time for the attorney.

No politician will ever take this on though because so many of them are attorneys. Attorneys have a license to steal with impunity.
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Old 07-18-2015, 08:04 AM
  #31  
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"soft tissue" injury complaints quickly turn into injections and surgeries.

By definition, soft tissue is the surrounding support structure for the spine. Why does it hurt? because 98% of people are totally out of shape. That's right, your muscles strained because your fat ass doesn't do anything. BTW, typical chiropractic treatment doesn't fix the problem, it just masks the pain for a couple days.

Want to fix it? Do your stretches, do your exercises.

Pain discogenic? Time to see an orthopedic. Any legit chiropractor should IMMEDIATELY send you to an ortho if objective evidence points to discogenic issues.
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Old 07-18-2015, 08:32 AM
  #32  
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Originally Posted by bens2 View Post
Because if they don't take his "injury" seriously and work him up stem to stern and miss something then guess what he''ll be suing them too.

This happens because there is NO significant punishment to the frivolous lawsuit. If the person who brings it loses then they get nothing. Likely someone will settle and they will get something and so OF COURSE the attorney gets their cut.

There needs to be serious punishment handed out for this crap like jail time for the fraudster and disbarring and or jail time for the attorney.

No politician will ever take this on though because so many of them are attorneys. Attorneys have a license to steal with impunity.
Hey Hey Hey!!!!!!!

Lawyers gotta eat too...............................................
Don't hate the player, hate the game.......................
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Old 07-18-2015, 09:39 AM
  #33  
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Originally Posted by bens2 View Post
Because if they don't take his "injury" seriously and work him up stem to stern and miss something then guess what he''ll be suing them too.

This happens because there is NO significant punishment to the frivolous lawsuit. If the person who brings it loses then they get nothing. Likely someone will settle and they will get something and so OF COURSE the attorney gets their cut.

There needs to be serious punishment handed out for this crap like jail time for the fraudster and disbarring and or jail time for the attorney.

No politician will ever take this on though because so many of them are attorneys. Attorneys have a license to steal with impunity.
Well, for all intents and purposes, malpractice suits do happen but the "but for" argument wins out, the tortfeasor would be sued as a result of a malpractice situation... "but for" the original incident occurring, treatment would not have occurred resulting missing,screwing up, etc.

The problem is fraud is too damn hard to prove. Basically, unless you have a smoking gun, you can't do crap.

There will always be a doctor who will say "In my medical experience, this injury was a direct result of this collision", despite having even a biomechanical expert.

It gets so damn expensive to fight these things that it actually saves policyholders money in the long run by settling. Ridiculous, and I hate it, but that's the business.

The judges are lawyers. The majority of those judges have their campaigns funded by the Plaintiff's bar. Typical citizens don't know who the hell they're electing regarding judges, so that screws up pooch pretty good right there. Those judges then remember who it was who got them elected.....and cases where a summary judgment or dismissal occur, they'll call it a "question of fact" or some such BS and let a jury decide.
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Old 07-18-2015, 09:44 AM
  #34  
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Originally Posted by bens2 View Post

No politician will ever take this on though because so many of them are attorneys. Attorneys have a license to steal with impunity.
This would all change if they made a law that forced the lawyers to have skin in the game.

Poor guy in OP's situation probably didn't even have auto insurance and shouldn't have been on the road. He has nothing to lose by pursuing an injury claim. No medical providers are going to waste their time pursuing a lien on him. And if the case were to go to trial and the OP's side wins based on a PFS, you can't get blood from a stone, can you?
So the lawyer walks away free and clear, maybe a couple grand poorer from the case, but has no risk to owe for defense fees incurred despite pursuing a case he knew to be garbage, but pursued it knowing he had nothing to lose either.

First things first: if you don't have auto insurance (and you were required to under the law), you barred from recovering under any other person's insurance regardless of fault. Can't skip buying dinner every day but expect to eat from somebody else's plate when you're starving.

Second: Lawyers become susceptible to paying fees/costs when PFS' are filed, i.e. the lawyer's client is uncollectible and everybody knows it. Lawyer doesn't care, win or lose he doesn't get affected by the case....but if his dollars are on the line, you can bet your ass he'll be motivated to either ditch the case or settle it before really sticking his neck out in trial. That'll reduce lawsuits immensely.
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Old 07-18-2015, 09:45 AM
  #35  
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Finally, I think it's safe to say that the federal law now requires all people to have health insurance.

If you do not, I think the law should allow for direct, up-front offset for what insurance would have paid for said treatment.

Let's not even discuss the fact that a ton of these bogus providers are overbilling to the tune of 300-400% just to increase the 'value' of a case.
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Old 07-18-2015, 10:26 AM
  #36  
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I have been in the Claims industry for 21+ years. I currently work for a small, privately held Commercial Carrier in FL and I am the one that handles all of the lawsuits and all of the Casualty claims. I can honestly say that more than 90% of the injury claims that come across my desk are pure garbage - nothing but people trying to take advantage of a situation in order to try and put some $$ in their pocket. The unfortunate part is that trying to fight them is sometime so cost prohibitive that many companies simply pay to avoid litigation.

My current position is a breath of fresh air. The company has decided that they will not settle claims just for the sake of settling. Don't get me wrong - if a claim presented has some merit - and some of them do - we will pay a fair and reasonable amount, but in regards to claims in which we feel there is no liability and/or no real injury we will not offer a nuisance amount to "make it go away."

I recently had one that we could have settled for less than $2K - but it was a joke - no liability and no injury - we spent over $30K in fees and costs to try it, but we received a Directed Verdict - basically the judge through it out. We also filed a Proposal for Settlement for a nominal amount ($250) and because we beat it, the Plaintiff now owes us for fees and costs - collecting on the judgment will not happen as the Plaintiff has nothing - but we still took the judgment, and we will renew the judgment when necessary. If this person ever wins LOTTO or inherits any money - we will be there to get our $.

Again refreshing to be able to do this - and more and more companies are starting to adopt that position as it sends the message to the ambulance chasers that you wont get an easy settlement from us!
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Old 07-18-2015, 10:31 AM
  #37  
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I'm investing in dash cam technology. Eventually, all cars will have black boxes (just like the airlines). You can see some of the insurance companies are already trying to trick people into self-insalling these devices in their cars. People will be wearing personal cams and everything will be recorded. The shear amount of data will be staggering.

DON'T get me started on personal Injury Attorneys. It won't be pretty.
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Old 07-18-2015, 10:49 AM
  #38  
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Originally Posted by makosteve66 View Post
I have been in the Claims industry for 21+ years. I currently work for a small, privately held Commercial Carrier in FL and I am the one that handles all of the lawsuits and all of the Casualty claims. I can honestly say that more than 90% of the injury claims that come across my desk are pure garbage - nothing but people trying to take advantage of a situation in order to try and put some $$ in their pocket. The unfortunate part is that trying to fight them is sometime so cost prohibitive that many companies simply pay to avoid litigation.

My current position is a breath of fresh air. The company has decided that they will not settle claims just for the sake of settling. Don't get me wrong - if a claim presented has some merit - and some of them do - we will pay a fair and reasonable amount, but in regards to claims in which we feel there is no liability and/or no real injury we will not offer a nuisance amount to "make it go away."

I recently had one that we could have settled for less than $2K - but it was a joke - no liability and no injury - we spent over $30K in fees and costs to try it, but we received a Directed Verdict - basically the judge through it out. We also filed a Proposal for Settlement for a nominal amount ($250) and because we beat it, the Plaintiff now owes us for fees and costs - collecting on the judgment will not happen as the Plaintiff has nothing - but we still took the judgment, and we will renew the judgment when necessary. If this person ever wins LOTTO or inherits any money - we will be there to get our $.

Again refreshing to be able to do this - and more and more companies are starting to adopt that position as it sends the message to the ambulance chasers that you wont get an easy settlement from us!
A litigation-only position would indeed be refreshing. I can only hope I find one, one day!
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Old 07-18-2015, 10:52 AM
  #39  
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Originally Posted by makosteve66 View Post
I have been in the Claims industry for 21+ years. I currently work for a small, privately held Commercial Carrier in FL and I am the one that handles all of the lawsuits and all of the Casualty claims. I can honestly say that more than 90% of the injury claims that come across my desk are pure garbage - nothing but people trying to take advantage of a situation in order to try and put some $$ in their pocket. The unfortunate part is that trying to fight them is sometime so cost prohibitive that many companies simply pay to avoid litigation.

My current position is a breath of fresh air. The company has decided that they will not settle claims just for the sake of settling. Don't get me wrong - if a claim presented has some merit - and some of them do - we will pay a fair and reasonable amount, but in regards to claims in which we feel there is no liability and/or no real injury we will not offer a nuisance amount to "make it go away."

I recently had one that we could have settled for less than $2K - but it was a joke - no liability and no injury - we spent over $30K in fees and costs to try it, but we received a Directed Verdict - basically the judge through it out. We also filed a Proposal for Settlement for a nominal amount ($250) and because we beat it, the Plaintiff now owes us for fees and costs - collecting on the judgment will not happen as the Plaintiff has nothing - but we still took the judgment, and we will renew the judgment when necessary. If this person ever wins LOTTO or inherits any money - we will be there to get our $.

Again refreshing to be able to do this - and more and more companies are starting to adopt that position as it sends the message to the ambulance chasers that you wont get an easy settlement from us!
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Old 07-18-2015, 11:12 AM
  #40  
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Originally Posted by gumpire View Post
Pm sent
Did NOT get one ??
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