quote:

Originally posted by jhe888:
[ so without contingency fee arrangements, these cases don't get brought.

Sounds like the best way to achieve tort reform in this country is to eliminate contingency fees. That would put most of the ambulances chasers out of business, and a good riddance it would be.

I would love to be on a jury for one of these kinds of trials ...

quote:

Originally posted by selogic:
I would love to be on a jury for one of these kinds of trials ...

So would I, which is why this is yet another example of why I'll probably never have to worry about being called for jury duty

quote:

Originally posted by trapper189:

quote:

Originally posted by jhe888:

You may be surprised to learn that in injury cases that settle, the settlement money for a minor is paid to a trust or a similar fund for the benefit of the minor plaintiff. That is not likely when there is a jury verdict and a straight-up judgment. However, this case may go on to appeal, and a settlement could occur during the appeals process that pays the money to a trust for the child.

Who would be the trustee be or how would that be determined? What kind if fees would the trustee get?

It could be some corporate trustee like a bank or trust company. Their fees aren't too bad when they are holding significant amounts. For smaller settlement amount where a commercial trustee isn't available because of cost, they will sometimes use the registry of the court - meaning the court/county holds the money, and a parent/guardian can ask the court for permission to spend any funds for college, or whatever. These funds aren't invested or managed for a return, but at least the minor will come of age with money to use.

A family member could be a trustee, but often with restrictions or reporting requirements to the court, to help be sure there aren't shenanigans.

quote:

Originally posted by bigwagon:

quote:

Originally posted by jhe888:
[ so without contingency fee arrangements, these cases don't get brought.

Sounds like the best way to achieve tort reform in this country is to eliminate contingency fees. That would put most of the ambulances chasers out of business, and a good riddance it would be.

Right. Good plan.

I have a law school friend who is a big time PI lawyer. He took one where two fry cooks were literally deep fried when a large deep fryer collapsed under its own weight. No worker's comp insurance. Without contingency fee lawyers, they would have had no recovery, because they couldn't hire lawyers.

What about seamen (which includes offshore rig workers), who have no worker's comp protecting them because the worker's comp statutes don't apply? If they get hurt on a vessel, they would have to take what they are offered by the owner of the vessel if they are hurt.

What about big car wrecks where people are killed or maimed? You want to be at the mercy of the insurance company, without a lawyer, because you can't afford one? "Sure, State Farm, I'll take the $80K you offered for having my leg and one arm mashed off in a car wreck."

What if you are in hotel, and it burns because of a defective fire extinguisher system, killing your wife? You want what the hotel's liability carrier will be willing to pay you if you can't afford counsel to sue?

Most states have had a lot more tort reform than you probably think. You can thank insurers and the AMA for a lot of that, because they lobbied state legislators for decades to protect their own interests. Plaintiff's trial lawyers were the only large counter-influences on those lobbying efforts.

And there is the United States Constitution to deal with and that freedom of contract clause, and the due process clause of the 14th Amendment which also protects your freedom to enter into contracts without unreasonable restrictions, such as, for example, your freedom to enter into a contingency fee contract with a lawyer. You don't like the Constitution?

Thank you, jhe888. I learned something new today, at least new to me.

quote:

Originally posted by bigwagon:
Sounds like the best way to achieve tort reform in this country is to eliminate contingency fees.

That would be an example of throwing the baby out with the bathwater.

I don't like things like this thread is about anymore than the next intelligent individual, but, the problem here isn't the system, it's the juries.

In short:

^^^^^^
EXACTLY, ensigmatic!!! I don't expect to be in court at any point in my lifetime, but if that were to happen and one day I'd have to actually be judged by a "jury of my peers", I'd be f**ked!!!!

quote:

Might as well just serve the f***ing things frozen straight outta the carton.

Then there would be lawsuits for chipped teeth and frostbite.

I often wonder if the world would be better if the lawyers and fools who shake down corporations were drone striked for their ignorance rather than rewarded…

Don’t take this as a pro corporate argument but rather an anti ignorance argument. I have lots of animosity towards corporate America.

You know what’s missing from this thread? Ten guys saying they don’t eat fast food ever and you couldn’t pay them to eat at McDonalds. I’ll bet for $800,000, each them would eat a McNugget or two.

quote:

Originally posted by bobtheelf:
What McD's has nuggets that hot and where is it so I can visit and actually get nuggets that are hot?

It's called Chick-fil-A!

quote:

She'll be broke in a year.

She'll but shit on time-payments that will be destroyed or repossessed in a year.

Now they are going to be forced to write hot on the chicken nugget boxes and get sued for false advertisement next.

Just to be clear I guess the judge/jury feels it's McDonald's job to teach the planets children that food that comes out of a hot vat of oil could be hot? It seems way more efficient for parents to teach their children this factoid vs McDonald's.

^^^^^
Kinda like the phukktoids with math. The math problem is:

8 inches of snow fell on Wednesday and by Thursday, 2 inches had melted away. How much snow is still on the ground?

Well...the parents of little Johnny can sue the school board because they live in New Mexico where little Johnny has NEVER seen snow, hence doesn't even know what snow is, and therefore the math question is BIASED and RACIST.

GMAFB!!!!

How much was awarded??? Let us not forget that the IRS agents are standing there with their hand out for their cut as well as the state involved doing the exact same thing... Taxes will be paid and collected one way be it willingly or by court orders...... drill sgt.

I don't think that award is taxable .

quote:

Originally posted by jhe888:

Right. Good plan.

We're the only country in the world where stupid shit like this case is the basis of a multi-billion dollar legal industry. Apparently you think that's OK. If not, suggest a better solution because we need one. We are being strangled by lawyers.

quote:

Originally posted by Gustofer:
I'd pay extra for a burning hot McNugget. Usually they are cold hunks of cardboard.

I’d slip the worker a hunny to give me that awful chicken fresh out the fryer and burn my face with it for 800k. “What’s that mark your face Pre, is that permanent?” My response: yeah it’s permanent, the price to pay for the scamming I did at McDeez. I made 800k bitches!

quote:

Originally posted by bigwagon:

quote:

Originally posted by jhe888:

Right. Good plan.

We're the only country in the world where stupid shit like this case is the basis of a multi-billion dollar legal industry. Apparently you think that's OK. If not, suggest a better solution because we need one. We are being strangled by lawyers.

I like to bag on lawyers as much as the next guy, but it isn’t lawyers in a vacuum, it is scumbags looking for a payday. If everyone who was approached by a lawyer saying, “I can get you money fur that.” told that lawyer to pack sand the problem would go away. Just too many folks unwilling to take responsibility for their own actions/stupidity and instead looking for someone else to compensate them for their (often self-inflicted) troubles.