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Old 01-21-2014, 08:18 PM   #46
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Quote:
Originally Posted by ExNYer View Post
Not quite.

How much of Abbott's settlement could be attributed to actual medical damages and economic damages (lost income) and how much would be attributed to pain and suffering?

You don't know.

.
I do not know but maybe his LAWYER does....

http://www.justinian.us/2009/02/i-wo...s-lawsuit.html

Here's what Don Riddle, Mr. Abbott's attorney has to say: "People who sadly find themselves in Greg Abbott's position today will not have the same access to obtaining compensation that Mr. Abbott had. The difference is the tort reform laws that have come into place." Had the tort reform laws Mr. Abbott advocates been in place in 1984, Mr. Abbott would not receive $300,000 or more every year of his life. Why then, is it fair for Mr. Abbott to receive millions of dollars in pain and suffering – and mental anguish – but it's not fair for other Texans?
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Old 01-21-2014, 08:43 PM   #47
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Originally Posted by ExNYer View Post
Not quite.

How much of Abbott's settlement could be attributed to actual medical damages and economic damages (lost income) and how much would be attributed to pain and suffering?

You don't know.

TX law doesn't limit actual damages (i.e., medical bills, lost income, etc.). It limits the nebulous unprovable amounts (emotion suffering, etc.).

Tort lawyers used the threat of idiot juries handing out millions of dollars in pain and suffering awards for simple broken arms, minor burns, and other relatively minor injuries to extract big settlements, even though the actual medical bills and lost income might only have been $50K or $100K.

Someone who suffered devastating injuries like Abbott would still get millions to compensate for a lifetime of medical care, lost income, physical therapy, building costs to make his house handicapped friendly, etc.
You assume that a jury would have the opportunity to award economic damages. Abbott was jogging by a tree when it fell on him due to a strong wind. Believe me, that sort of lawsuit would not survive past summary judgment these days based on the current premises liability laws that have come into existence since insurance companies and big business started controlling electoral politics in Texas.

And, your tired old cliché about how trial lawyers get undeserving plaintiffs millions of dollars for broken arms, minor burns and other minor injuries is fucking bullshit. A plaintiff these days is lucky to get his medical bills paid and some tiny bit of pain and suffering damages. You might find the occasional anecdotal jury award but 99% of the time the scenario you describe is a boogey man tale made up by the insurance industry to fuck you out of your right to a jury trial in a civil case. And, they have done a pretty good job of that. Good luck suing a doctor that kills you, your wife or leaves your baby a slobbering vegetable for the rest of their lives. Tort reform has essentially completely insulated physicians and other healthcare providers from any sort of liability at all no matter how egregious their misconduct. And, believe me, doctors kill and injure people every single day in this country through malfeasance, stupidity, negligence and incompetence.

What is amazing is that people like you and the rest of the folks getting fucked out of their right to trial by jury go along willingly and happily. Until it's you or one your loved ones who suffers a death or catastrophic injury due to the negligence of some third party. Suddenly, they find out that the entire system is stacked against them in every single way the Republicans could think of to fuck them out of their day in court and the can hardly believe it.

I mostly appreciate the opinions you offer here but this one is bullshit.
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Old 01-21-2014, 09:02 PM   #48
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Originally Posted by timpage View Post
You assume that a jury would have the opportunity to award economic damages. Abbott was jogging by a tree when it fell on him due to a strong wind. Believe me, that sort of lawsuit would not survive past summary judgment these days based on the current premises liability laws that have come into existence since insurance companies and big business started controlling electoral politics in Texas.

And, your tired old cliché about how trial lawyers get undeserving plaintiffs millions of dollars for broken arms, minor burns and other minor injuries is fucking bullshit. A plaintiff these days is lucky to get his medical bills paid and some tiny bit of pain and suffering damages. You might find the occasional anecdotal jury award but 99% of the time the scenario you describe is a boogey man tale made up by the insurance industry to fuck you out of your right to a jury trial in a civil case. And, they have done a pretty good job of that. Good luck suing a doctor that kills you, your wife or leaves your baby a slobbering vegetable for the rest of their lives. Tort reform has essentially completely insulated physicians and other healthcare providers from any sort of liability at all no matter how egregious their misconduct. And, believe me, doctors kill and injure people every single day in this country through malfeasance, stupidity, negligence and incompetence.

What is amazing is that people like you and the rest of the folks getting fucked out of their right to trial by jury go along willingly and happily. Until it's you or one your loved ones who suffers a death or catastrophic injury due to the negligence of some third party. Suddenly, they find out that the entire system is stacked against them in every single way the Republicans could think of to fuck them out of their day in court and the can hardly believe it.

I mostly appreciate the opinions you offer here but this one is bullshit.
Then you get 1/2 of that little bit of money... fucker .... You are for the gubmint setting fees for doctors ... how about lawyers?
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Old 01-21-2014, 09:09 PM   #49
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Then you get 1/2 of that little bit of money... fucker .... You are for the gubmint setting fees for doctors ... how about lawyers?
Well if the government starts paying lawyers like they do doctors with Medicare...
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Old 01-21-2014, 09:51 PM   #50
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Well if the government starts paying lawyers like they do doctors with Medicare...
So all those guys on death row... paid those lawyers millions... huh?
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Old 01-21-2014, 11:58 PM   #51
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So all those guys on death row... paid those lawyers millions... huh?
The government is setting their fee by limiting lawsuit awards. You seem to be for that, yet balk when the government wants to set fee it pays doctors.
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Old 01-22-2014, 05:49 AM   #52
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Her campgain is looking desperate and mean ....

From WDs twitter...

".....Abbott shows that he “hasn’t walked a day in my shoes...."

Doesn't she know Abbott is paraplegic?
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Old 01-22-2014, 06:15 AM   #53
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Is this a standard clause in most child custody cases?:

In documents obtained by RedState, Wendy Davis’s own child requested her father be her custodian. Likewise, in filing his divorce against Wendy Davis, her husband requested the court enter the temporary restraining order.

The court, without an evidentiary hearing, did so. See the temporary restraining order here. The court ordered that Wendy Davis “be immediately restrained from . . . using illegal drugs or consuming alcohol within 24 hours before or during the period of possession of or access to the child.”

http://www.redstate.com/2014/01/21/a...s-and-alcohol/
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Old 01-22-2014, 06:29 AM   #54
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Originally Posted by Whirlaway View Post
Her campgain is looking desperate and mean ....

From WDs twitter...

".....Abbott shows that he “hasn’t walked a day in my shoes...."

Doesn't she know Abbott is paraplegic?
It is amazing how much her campaign is being hurt by this. In New York, she would win for sure.
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Old 01-22-2014, 07:27 AM   #55
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She'd get Bill Clinton's "endorsement."
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Old 01-22-2014, 10:45 AM   #56
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Default More Proof Why Assup Rider Stands Alone as Dipshit of the Year

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Originally Posted by Yssup Rider
Go back to your AMP, White Slaver.

I think this time around, best thing to do is to put you and your big mouth on IGNORE!


You go to an AMP and call me a white slaver for doing the same - what an asshole!!!

Hey Dipshit Assup Ridee - explain this review of an Asian girl, by you, in San Antonio.

http://www.eccie.net/showthread.php?t=911994

You are one stupid motherfucker to call me a white slaver for going to AMP's, then you do it, fucking hypocrite asshole DOY 2013 and 2014!!!

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Old 01-22-2014, 10:46 AM   #57
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Originally Posted by Yssup Rider View Post
Go back to your AMP, White Slaver.

I think this time around, best thing to do is to put you and your big mouth on IGNORE!
You go to an AMP and call me a white slaver for doing the same - what an asshole!!!
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Old 01-22-2014, 10:51 AM   #58
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Quote:
Originally Posted by timpage View Post
You assume that a jury would have the opportunity to award economic damages. Abbott was jogging by a tree when it fell on him due to a strong wind. Believe me, that sort of lawsuit would not survive past summary judgment these days based on the current premises liability laws that have come into existence since insurance companies and big business started controlling electoral politics in Texas.
If a tree fell on you when you were on someone's property, why wouldn't you get to a jury? What specific changes to premises liability can you cite that would prevent you from, say, suing Kroger if you slipped on cooking oil from a broken bottle? The reduction in cases going to court stems from the lessened threat of exorbitant jury verdicts. Defendants know that damages are capped on pain and suffering, so the jury award will ultimately be tied more closely to the provable damages - medical bills, lost wages, etc. Since jury awards are more objectively verifiable in advance, then plaintiffs are more inclined to settle.

If I had to make one change, I would make reasonable lawyer's fee compensable any time the plaintiff prevails in a tort injury case. That way the lawyer fees don't eat into the economic loss compensation the plaintiff receives.

Quote:
Originally Posted by timpage View Post
And, your tired old cliché about how trial lawyers get undeserving plaintiffs millions of dollars for broken arms, minor burns and other minor injuries is fucking bullshit. A plaintiff these days is lucky to get his medical bills paid and some tiny bit of pain and suffering damages. You might find the occasional anecdotal jury award but 99% of the time the scenario you describe is a boogey man tale made up by the insurance industry to fuck you out of your right to a jury trial in a civil case. And, they have done a pretty good job of that. Good luck suing a doctor that kills you, your wife or leaves your baby a slobbering vegetable for the rest of their lives. Tort reform has essentially completely insulated physicians and other healthcare providers from any sort of liability at all no matter how egregious their misconduct. And, believe me, doctors kill and injure people every single day in this country through malfeasance, stupidity, negligence and incompetence.
The problem with the "anecdotal" tale of the runaway jury verdict is that it promotes excessive settlement awards in other cases that never get to trial. Those are the cases that you do not see in the papers, so you don't see any evidence of them.

Doctors kill and injure people in every country in the world, not just the USA. And yet, other countries manage to survive without our tort system.

In fact, in the UK and other countries, they have "loser pays" systems. Why don't we? If you REALLY want to reduce litigation, implement loser pays in the US, then see what happens.

But in most of the rest of the world, since government runs the healthcare systems, when you sue the doctor or hospital, you are really suing the government. Needless to say, the government takes a dim view of that, so the folks in Europe don't get to sue for millions for broken legs either.

Nonetheless, Europeans lose income when they are hurt, even if the government pays their health bills. And they have pain and suffering when they get hurt, just like we do. And, on top of that, they have loser pays in many countries.

How is is that they survive without the threat of exorbitant jury awards, but we cannot?

And what do you think is going to happen in this country once we go to a completely government funded healthcare system? And we are, believe me. Even if Obamacare has to get completely overhauled because it is an Edsel, we are going to have a system where everyone is on some new and improved universal version of Medicare.

Both the doctors and the hospitals will have greatly reduced revenues in a national healthcare system - just look at doctor pay in other countries. So, if the doctors and hospitals have less money, where does the money come from to pay big jury verdicts under a federally run universal healthcare system? The government, that's where. Do you really think the federal government is going to pay all those verdicts without putting some kind of caps in place?

The key to getting rid of bad doctors is to yank their licenses. That is what happens in other countries - and even here to a lesser degree. Large pain and suffering awards is a clumsy and ineffective way to do it.
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Old 01-22-2014, 11:55 AM   #59
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Quote:
Originally Posted by Jewish Lawyer View Post
Quote:
Originally Posted by Yssup Rider
Go back to your AMP, White Slaver.

I think this time around, best thing to do is to put you and your big mouth on IGNORE!


You go to an AMP and call me a white slaver for doing the same - what an asshole!!!

Hey Dipshit Assup Ridee - explain this review of an Asian girl, by you, in San Antonio.

http://www.eccie.net/showthread.php?t=911994

You are one stupid motherfucker to call me a white slaver for going to AMP's, then you do it, fucking hypocrite asshole DOY 2013 and 2014!!!

Date: Late October
Provider: Linda
Phone: 210-524-9335
Email Address: NONE
URL / Website: NONE
City: San Antonio
State: Texas
Address: Northwest, off I-10.
Appointment Type: Incall
Activities: FBSM, L1
Session Length: 60
Fee: 120
Hair Length and Color: Curly black, worn up.
Age: 4+
Smoking Status: Non-Smoker
Ethnic Background: Asian
Physical Description: Linda is in great shape. Strong, tight body (kept clothed throughout), pretty eyes and smile. Small, sensitive booklets. And STRONG HANDS!
Recommendation: Yes
Hey fuckhead. Linda is totally independent. Not "run" by anybody. Not at an AMP. In her own townhouse. Picture of her boyfriend is a picture of Godzilla. Are you NOW going to say that all Asian masseuses are here against their will?

I suggest you make this comment in the San Antonio forum, pussy!

Sorry, shithead. You lose!
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Old 01-22-2014, 01:10 PM   #60
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Quote:
Originally Posted by Whirlaway View Post
From WDs twitter...

".....Abbott shows that he “hasn’t walked a day in my shoes...."

Doesn't she know Abbott is paraplegic?
LOL. Jesus that is obtuse.

Why do politicians even use twitter? It is the exact opposite of what they want in communicating with the public. It's instant nature may be its great strength, but it is also its greatest weakness.

A politician's pronouncements should be considered statements that are vetted by staff. Twitter undermines that goal.

Maybe she should tweet that Greg Abbot should "stand with her" in supporting sensible gun control in Texas...
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