Plaintiffs' Lawyer's defensive rebuttal
So, when I'm not sailing or reading bulletin boards, I'm an attorney focused on representing plaintiffs in contingent fee personal injury and medical malpractice cases. While it is certainly true that there are people, both clients and lawyers, trying to pursue groundless claims, the reality is not that high insurance costs are the product of greedy lawyers. The reality is that high liability insurance costs are the result of too many payments on personal injury cases. If everybody learned how to operate reasonably, whether in a car, boat, or operating room, then I could never win a case. An outcome that I find desirable because it would mean that people were not being harmed unnecessarily. When I pursue a liability grounded case I start with a lecture to the client - I explain that this is not the lottery, and that the fact that they were harmed stinks and that we'll try to make them whole, but not beyond that other than in truly limited circumstances. On occasion we seek huge judgments but honestly only when there has been egrigous damage to a person as a result of another persons's malfeasance.Its simply remarkable how many people are blazing through life creating risks for others. When those others are harmed, why shouldn't they be made whole? That cost then gets amortized over the whole population of insurance buying people. You should be pissed. I'm pissed at my insurance rates. But you should be pissed at the jerks not thinking through the ramifications of their actions. They're the people creating the cost.Then come the insurance carriers. Insurance is a business needing to make a profit, but more to the point, most insurance carriers are corporate entities. This means that they actually have an absolute obligation to try to make a profit for their shareholders. The only way they can meet that obligation is to raise rates. Again, you should be pissed. But your anger is deserved by the guy who created the unnecessary risk, not the people who were harmed or the people who work for them.And before someone comesalong and says my opinion is limited by my view point - before I was an attorney I was an EMT. We got sued everytime someone died on one of our trucks because the families had seen too much ER where codes get saved and nobody bleeds out. Groundless suits, for sure. But we won them at comparatively low cost.Here in Maine, to get into Court with a medical malpractice caes you must first get through a screening panel. If the panel thinks the claim is groundless you're done. At very little cost to anyone. It works well to reduce the cost of defensive litigation in garbage cases.If you want to reduce your insurance costs castigate the jerks creating the risks and lobby your legislature for tort reform in the guise of screening panels. I'm an ambulance chaser and I'll be right there supporting you. After all, I pay for insurance too.Someone hand me my nomex and make sure that fire extinguisher is charged.Justin - O'day Owners' Web