Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

jeff47

(26,549 posts)
46. We can only go with what's here.
Sat Feb 23, 2013, 01:53 PM
Feb 2013

With the information here, it looks like they're trying to settle.

Also, there's plenty of plaintiff's attorneys who get paid regardless of victory - plaintiff's attorneys do not have to take all cases on contingency.

My point was that Plaintiffs' attorneys don't file suit without an injury because it's a waste of time to do so.

Well, here's the two cases I'm personally familiar with:

Car pulls out in front of a friend of mine in high school, and the friend hits them when they suddenly slow down. People in the car sue. Unfortunately for them, this friend's father investigates car accidents for insurance companies. So they quickly determined that 1) The plaintiff's had disconnected their break lights, 2) the accident did not have enough force to cause the injuries they were claiming and 3) the plaintiffs had switched which one was driving their car between the scene and the court papers.

Even with that information, the insurance company wanted to settle the case because it was cheaper than fighting it. And apparently this scam was quite lucrative - more than 90% of the business of the plaintiff's attorney and their doctor's business was car accidents. The "victims" had all been in lots of car accidents over the previous two years. The friend's father had to fight like hell to bring the case to trial.

They won the trial handily, and the information from the trial sent the plaintiffs to prison for fraud. The plaintiff's attorney lost his license (was a 'last straw' after a bunch of other issues), and the doctor retired before the medical board was done looking at him. But the insurance company really, really, really wanted to settle to save money. Despite the case being so much of a slam dunk it resulted in fraud charges.

The second case: My family builds houses. A third party asked to see the plans for a particularly unique house we were building, and we showed them to him. He asked for a copy, and we refused to give him one - that would violate the architect's copyright. He the sued claiming racial discrimination. An no, no one had used anything like a racial slur. His claim was that we would have given him copies if he was white. Literally. He did not claim any mistreatment other than not getting a copy of the plans.

Again, the insurance company insisted on settling. Even though the case was utterly absurd.

There's plenty of plaintiff's attorneys who will file a case to see if the insurance company settles. It costs the filing fee and a couple hours of time. If the insurance company settles, payday. If the insurance company refuses to settle, the case is dropped before it costs significant money.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Why doesn't she press charges against the tresspasser? Too late? Sekhmets Daughter Feb 2013 #1
The FedEx guy wasn't trespassing Peregrine Feb 2013 #7
But he wasn't a Fed Ex employee... Sekhmets Daughter Feb 2013 #10
Doesn't matter whether the guy worked for FedEx or not. Laelth Feb 2013 #13
I see... Sekhmets Daughter Feb 2013 #18
If there's no injury, you are right. Laelth Feb 2013 #23
Well, that is true of most Sekhmets Daughter Feb 2013 #24
Unscrupulous? Or just dumb? Laelth Feb 2013 #26
I served on a jury that suffered through Sekhmets Daughter Feb 2013 #30
You're assuming the case will reach a courtroom jeff47 Feb 2013 #33
Evidently, you and I work with (or against) different insurance companies. Laelth Feb 2013 #37
Is there an injury? jeff47 Feb 2013 #41
We don't have enough facts to determine whether or not there was an actual injury. Laelth Feb 2013 #44
We can only go with what's here. jeff47 Feb 2013 #46
Interesting cases. Laelth Feb 2013 #48
The point is he didn't know he was going to lose. jeff47 Feb 2013 #50
Well, there's no way to know that for sure. Laelth Feb 2013 #53
Do you have statistics that prove the norm you're claiming? pnwmom Feb 2013 #81
Well-presented post. Thanks for this response. Laelth Feb 2013 #82
The plaintiff is unemployed jberryhill Feb 2013 #52
Let me add ... Laelth Feb 2013 #39
The OP refers to an ambulance report jberryhill Feb 2013 #35
And you see nothing wrong with this? Sekhmets Daughter Feb 2013 #38
Define "this" jberryhill Feb 2013 #51
Excellent post. n/t ronnie624 Feb 2013 #79
File a countersuit ... zbdent Feb 2013 #2
Tell FedEx about it. Robb Feb 2013 #3
I thought I read somewhere a lot of FEDEX drivers are contractors. Hassin Bin Sober Feb 2013 #27
Here's the problem. The insurance company has instructed her to speak with nobody no_hypocrisy Feb 2013 #4
Let's make lemonade. Robb Feb 2013 #6
Will they stand up in court? n/t customerserviceguy Feb 2013 #45
If it stands up in court, it probably isn't injured jberryhill Feb 2013 #54
That does not strike me as a problem. Laelth Feb 2013 #17
"why should she care?" jberryhill Feb 2013 #56
So what jberryhill Feb 2013 #19
SHe subrogated her rights to the insurer when she bought the policy elehhhhna Feb 2013 #20
countersue, claiming he committed beastiality. unblock Feb 2013 #5
She wants to pursue prosecution except that no_hypocrisy Feb 2013 #8
There is no basis for any countersuit Jersey Devil Feb 2013 #22
FedEx does. Robb Feb 2013 #12
Fraud? Laelth Feb 2013 #21
a non-fedex employee shows up at your door in a fedex uniform, claiming to be a fedex employee...? unblock Feb 2013 #75
Fraud Laelth Feb 2013 #76
i'm hearing that the homeowner was injured to the extent of rising insurance premiums unblock Feb 2013 #83
How much are they settling for? Hassin Bin Sober Feb 2013 #9
I'm an attorney but not personal injury or insurance. no_hypocrisy Feb 2013 #11
Possible this is insurance fraud? MindPilot Feb 2013 #14
That's how I'm leaning. no_hypocrisy Feb 2013 #15
"the ambulance report" jberryhill Feb 2013 #16
You would think an attorney would know these things. Hassin Bin Sober Feb 2013 #28
Well there's that... jberryhill Feb 2013 #31
Class condescension GiveMeFreedom Feb 2013 #43
+1 million alcibiades_mystery Feb 2013 #59
Well he won't get 1.5 million treestar Feb 2013 #25
The FedEx thing is a red herring IMHO jberryhill Feb 2013 #32
Could be. But there's something about letting a non Fed Ex employee treestar Feb 2013 #34
Yes jberryhill Feb 2013 #49
Not strictly relevant, legally, but would be a factor in any settlement Jim Lane Feb 2013 #78
they won't even insure her mzteris Feb 2013 #29
You're just not an American until you get sued. Turbineguy Feb 2013 #36
I guess we need some "tort reform", don't we? ronnie624 Feb 2013 #40
Settlement offer of less than one thousand Sanity Claws Feb 2013 #42
You'll want an incident report, medical treatment forms... Historic NY Feb 2013 #47
He lied that he was employed by FedEx. no_hypocrisy Feb 2013 #55
So what? jberryhill Feb 2013 #57
The dog SHOULD'VE bit the dick's dick pinboy3niner Feb 2013 #58
Why? jberryhill Feb 2013 #60
Let me clarify: no_hypocrisy Feb 2013 #61
Doesn't matter jberryhill Feb 2013 #64
This message was self-deleted by its author no_hypocrisy Feb 2013 #66
No, because of the later developments pinboy3niner Feb 2013 #62
Oh, well, you want the advanced course jberryhill Feb 2013 #67
We can count on you for the opinion that "This case needs more lawyers!" pinboy3niner Feb 2013 #68
Sounds like a scam, pure and simple. richmwill Feb 2013 #63
Well, maybe the sorry sue happy jerk will use that payday to OD in a short time period. alphafemale Feb 2013 #65
I really don't believe very much of this story at all. Codeine Feb 2013 #69
+1 jberryhill Feb 2013 #70
neither do I n/t TorchTheWitch Feb 2013 #80
What was in the package anyway? jberryhill Feb 2013 #71
My dad once got sued - get this. Initech Feb 2013 #72
If we had national healthcare, incidentally jberryhill Feb 2013 #74
so she should get a lawyer and sue FedEx as their drivers are trained what to do when a dog is there Sunlei Feb 2013 #73
Refuse to renew your policy JPZenger Feb 2013 #77
Latest Discussions»General Discussion»How to get sued for $1.5 ...»Reply #46