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Re: [RC] [RC] those stinking rich insurance companies pay??? - Joe Long

Oh boy, has this issue pressed some hot buttons.

On Tue, 12 Jul 2005 14:28:58 -0500, "RHONDA LEVINSON" <rhndlev@xxxxxxx> wrote:

<<vote for more limited liability.  keep the lawyers from getting
rich.   >>

This is SO wrong.  Insurance companies make an insane amount of money; 

No, they don't.  Many of them are mutuals, too -- I use USAA and I'm an "owner"
and not only get good rates, but I get back a rebate at the end of the year if
they pay out less in claims than expected.

it's not the lawyers getting rich.  

Huh?  When they take a third or half of what a jury awarded to the injured
person?  You sure fooled me.

And yes, the insurance companies are getting 
rich on all of our backs.  They want their profits to remain insane, so they 
keep cranking up our insurance premiums.  If you want more regulations and a 
better tort system, vote for more accountability for insurance companies.  
Vote for better and stronger laws for insurance bad faith claims.

Uh oh ... my bullshit detector is running at full volume.

Limited liability laws insult our very legal system.  A jury of 12 people 
has to agree that a plaintiff is entitled to whatever judgment that the 
plaintiff gets.  Who are we, people who have never seen the evidence in the 
case, to decide ahead of time that a particular person should only receive a 
certain limited amount of money.  

"We" are the voters in this republic, who have a right to expect our legislators
to correct abuses such as absurd jury awards (out of sympathy preyed on by slick
lawyers).

In Kansas, for instance, you are entitled 
to only $250,000.00 in non-economic damages no matter how bad your injury 
is.  Does that sound like a lot?  It isn't.  Picture being totally paralyzed 
and your compensation for that is $250,000.00.  Would $250,000 adequately 
compensate you for that?  Would that make you whole (which is the purpose of 
tort law)?  That is the kind of situation that tort reform laws cause.  You 
cannot categorically set a sum of money that a person should receive in 
compensation for an injury.

Read what you wrote again:  "non-economic damages."  If you are paralyzed for
life your loss of income (as well as medical costs) are economic damages, not
subject to that cap.  "Pain and suffering" is the hook on which so many
excessive "soak the insurance company" awards are based.

Sorry, but this subject really gets me going.  Most of the people talking 
about tort reform have no clue what is really happening in the legal system, 
and I'll guarantee you that these people have never been seriously injured 
when it was not their fault.

It gets me going too, but not from the same point of view.

Someone who is injured due to someone else's negligence should be justly
compensated, for his loss, by those actually responsible (not whoever has the
deepest pockets).  They should not have "won the lottery" because a sharp lawyer
knows how to push the jury's buttons.  (I doubt that you hear them tell the jury
"Better add on another couple of million, I want to buy a third house in
Aspen.")

Some of the stuff that's gone on with such things as asbestos and breast
implants are pretty much scams, making some lawyers VERY rich at the expense of
you, me, and just about everyone else.

For the record, the target of my contempt is the trial lawyers getting rich
exploiting the system, at our expense, not the majority of hard-working, honest
attorneys.

-- 

Joe Long
jlong@xxxxxxxx
http://www.rnbw.com


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Replies
Re: [RC] those stinking rich insurance companies pay???, mjwest02
Re: [RC] [RC] those stinking rich insurance companies pay???, RHONDA LEVINSON