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Without trying to be stereotypical, most conservative republicans do not like lawsuits, especially those for injuries or fraud. Many conservative republicans think there are too many frivolous lawsuits out there. They speak out against them. They say that medical malpractice claims are ruining health care and are what cause health care costs to be so high. They say we need tort reform. Our juries give too much money for nothing. Verdicts are too high. Trial attorneys are leaches on society. And on and on and on and on.

Until . . . . . IT HAPPENS TO THEM! A car wreck. A slip and fall. An insurance company doesn’t treat them right. THEN, they want it ALL!! SUE THE BASTARDS!!

How do I know? It’s easy. I represent people, and people don’t care until it happens to them. When their ox is gored, they want blood. It isn’t enough.

Examples?

Judge Robert Bork. He was the most staunch conservative there was. A proponent of tort reform. He fell. He was hurt. He sued the Yale Club for $1 million.

Senator Trent Lott. Another conservative republican from Mississippi. Sued State Farm over their failure to pay losses on his home lost in Katrina. He thought State Farm should pay.

My clients. Several have come into the office as a result of mortgage issues and fraud. These individuals would never think of filing a lawsuit until . . . IT HAPPENS TO THEM. Many are in car wrecks and have to take time out of their schedule to go to doctors and therapy and maybe even surgery. They never wanted to get involved in litigation. Litigation is wrong. It’s frivolous. Until . . . SAY IT WITH ME: "IT HAPPENS TO THEM."

SO, next time you hear about that frivolous lawsuit. Find out more about the facts. And, think to yourself, "What if that was me?" Mabye then, you will have a different view.

6 Comments

  1. Jon: You are sooooooooooo right! I often say that we, all of us, are only one "never event" (It'll 'never' happen to me) from being a serious injury victim. The judge I recently wrote about who was the victim of medical malpractice (although I don't have any idea what his political affiliation is) is another good example of how these issues become important when you or someone you love is the victim. Great topic!

  2. Gravatar for Chris

    Great blog! It is direct and to the point. I hope many tort reformers read it and "visualize" themselves in a "it happened to me" situation before it really does happen to them. Then, maybe they will change their poistion before it is too late.

  3. Gravatar for Jon Lewis

    Thanks for your comments Chris. Sometimes we need to show sympathy, if not empathy, for the other side.

  4. Gravatar for james O'Hare RPLU AIC AIS
    james O'Hare RPLU AIC AIS

    Keep the lawsuits coming- my bread and butter.

    How about higher insurance limits for docs in exchange for a cap on pain and suffering. The cap is always viewed as the starting point for damage assessment.True? Is there any P&S worth less than the usual 250-500 caps? no,not that I have heard in 25 years of med mal claims.

    The policy limit is a cap. And caps allow actuaries and raters to use math objectively to measure the object. Pain is not an object. Math equations are ineffective when you throw in a zero or attempt to measure a subjective concept ( Pain ) via objective means - money.

    Remove the raters fear of P&S awards w/o limit, they may consider higher limits. Nobody ever got rich chasing a docs personal assets.All cases cant be valued by starting with a lotto number.

    regards Jim

  5. Gravatar for Jon Lewis

    Thanks for your comments James. In Alabama, we are not allowed to know the limits on the insurance so it is irrelevant. Most of these cases don't settle. They are tried to a jury verdict, so I don't think the caps will have any effect.

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