Industry Cheers as Florida Repeals Joint and Several Liability

March 30, 2006

  • April 11, 2006 at 12:01 pm
    Florida Attorney says:
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    That is the way it goes. Ever wonder why insurance companies get what they want. Because the have the funds to pay the lobbyists. Did you know that an attorney is not allowed to contact an accident victim regarding representation for 30 days. Did you know that there is no restriction like that on insurance agents and adjusters. You would not believe how many times I have someone in my office telling me that the insurance adjuster has already contacted them, just a day after the accident, offering to settle it for a fraction of what the case is worth. They do this because they hope that you have not already contacted an attorney and are not aware of your rights. Insurance adjuster is french for crook.

  • April 11, 2006 at 12:23 pm
    Consumer says:
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    Do you know the difference between a
    catfish and an attorney.

    one is a bottom feeding scum sucker and the other is a fish.

    While visiting in other countries I am asked why we allow so many lawyers in the US. A lot of other countries like Australia and New Zealand and many other have very few attorneys and they have a better society because they do not allow frivilous suits and people are held accountable for what they do, the governments do not let people get rich at the expense of others or their insurance companies. This country used to be great, now we are just waiting to get sued because some attorney thinks that someone else has been wronged and someone else should pay for it. Truth is americans have become irresponsible because SOME attorneys prey on this and promote the stupid. Rule of thumb, buy all the insurance you can afford and don\’t tell anyone or you will get sued, because the attorney will NEVER go after anyone who has no or little insurance, if you have high limits you are a target. Attorney are not allowed to target accident victims for 30 days, this does not mean the the victims can not contact the attorneys. This is to keep the tort system in check and not overloaded anymore than it is. Can you imagine ambulance chasers lining up in the emergency room trying to sign up clients. That leaves a warm feeling in your heart doesn\’t it.

  • April 11, 2006 at 12:37 pm
    Florida Attorney says:
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    You should change your name from consumer to uneducated consumer. I agree with you regarding frivolous lawsuits but that is about where our agreement ends. There are many stupid attorneys taking cases that have they have no business taking. The problem is that legislation such as this is designed to end those frivolous lawsuits but it ends up hurting more than it helps. Take med mal reform. Since it has been legislated, very few attorneys are taking the cases anymore. When a person is truly damaged by a doctor\’s mistake and needs money to pay for their future care and pain and suffering, they are finding it harder to find an attorney now. You said in your post that people should be held accountable for what they do. By the way, if an attorney asks your insurance company what type of coverage you have, they have to disclose it to him. In other words, you cant hide it. What if a doctor cut off your childs right leg instead of doing a skin graft from that leg? No problem huh. God forbid we make him resonsible for his action. God forbid we cut into his 300,000 a year salary to get some relief for your child. With legislation, you are going after the people that hold the negligent people accountable for their actions.
    Would you combat a homicide problem in an inner city by telling the police that because they have made so many homicide arrests, they are now limited to only 5 homicide arrests a month. WOuld that take of your homicide problem?

  • April 11, 2006 at 5:48 am
    Lucy says:
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    First, let me say I am not an attorney nor married to one. After seeing close up and personal a few injustices that have happened to people after certain laws are changed (i.e. joint and several), I realized attorneys are an absolute necessity. There are so many injustices happening to people (you can be driving down the street one minute, get hit and get caught up in this situation so easily). I would recommend \”consumer\” research the internet. You will see many wrongs that will never be made right because of laws aimed against the little guy.

  • April 11, 2006 at 5:59 am
    lawyer I\'m not says:
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    When have you as a lawyer ever brought a suit against a doctor and reduced his salary?, or do you go after his insurance company, exactly how is that punishing the doctor for anything he did wrong? The only reason I can think of that an attorney would not take a med mal case is that they can\’t figure out how to win or there is NO money in it for them, which strengthens the point the other post made, that it is all about the money not doing what is right. by the way you have to know who the insurance company is before they can tell you what coverage there is… Why would anyone want to tell an attorney that is suing them that they have a million dollar policy, clearly you indicated that lawyers would not take a case if the money was not there. And what on earth is the homicide analygy? Lets face it a doctor would not intentionally remove the wrong leg, and when the unfortunate time that it occurs it is his insurance that pays not him. He would freely give you the insurance info if he knew he was wrong, but the average citizens that has a frivilous suit brought against them would have no reason to fuel your mission to find the deep pocket, and you would NEVER bring suit against a common person with no insurance and no liquid assets, because there is nothing in it for you or your frivilous client. I have no problem with holding people resposible for their actions, but the doctor has med mal for his mistakes, you get 30-50% of the award, your client gets a little dough to blow on crap and they wind up on disability, medicare or medicaid anyway and the rest of us support them for the rest of their lives. Lawyers ALWAYS make out better than the poor downtrodden they represent. If you were not allowed to advertise, your average attorney would do half the business they do now, because they do truly prey on a certain segment of society. I have no problem with the true legitimate claims and suits that people have, but they are a small percentage of the total suits filed these days. Attorneys fees should be capped, just like the rest of us, this would allow more money to go to the victims that need it and reduce the frivilous suits that some of your colleagues take on just for the money.
    Who else makes $250 to $300 an hour? certainly no Doctors I know, and damn sure no insurance agents.

  • April 13, 2006 at 9:13 am
    lawyer I\'m not says:
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    1) At least you agree that it is about the money sometimes.

    2) What about holding attorneys accountable for what they do? Wouldn\’t it be fair to file a claim against your E&O for the damages an attorney does to a defendant that is found not guilty? Time and expenses, loss of good standing in the community, loss of consortium, you see how ridiculous this can get.

    3)TRUST ME you can hide some insurance information from even you. Especially if there is more than 1 policy involved.

    4) republican attorney? you should start a club, not many attorney would be eligible but you could sure have fun. You may be the rare attorney, and I am not speaking of the rare breed. I am speaking of the masses that are wreaking havoc on our country and judicial system, the John Morgans of the world so to speak (Florida based smuck lawyer that target advertises to the lazy leeches of our land) and our legislators and senators are only a notch above in most cases, they are bought and sold daily for political gain and that is not for the people, it is for their pockets.

  • April 13, 2006 at 3:41 am
    Florida Attorney says:
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    What about holding attorneys accountable for what they do?
    I am all for that. In fact, I do take legal mal cases and I dont take med mal cases. ANother thing about me is I dont advertise. I take cases only from people that I think truly need help and where there is not liability question. I am very picky. I too do not like leeches. I have worked hard to get where I am and I do not think people should just be handed an \”easy button\”.



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