Originally Posted by
Gecko
Squirrel is correct, most of the “PI” cases are contingency fee based. That is why there are so many “PI” case. While lawyers like to see some kind of a policy coverage involved, it’s not necessarily a determining factor. The financial solvency of, and the likelihood of collecting a judgment from, the defendant(s) is key to whether a lawyer will accept a case on a contingency fee basis. The reason why we see so many PI cases is because with a contingency fee, it cost a potential plaintiff practically nothing (except for his injuries) for a chance to hit some big cash (comp for pain and suffering). It’s like the lottery, you think nothing of spending $1 for a lottery ticket to win the $1m lottery pot. Brendan, while you may have “been there, done it” . . . I “am there, and live it” day in and day out.
Correct, but it also holds those responsible for the injuries, accountable. It makes sure that all the people who might be accountable for the injuries are together in one suit so that the jury can then asses who is liable and for what percentages each are responsible for the plaintiff’s injuries/damages. If a plaintiff fails to state a viable cause of action, a defendant can, during various stages of the litigation, file a motion to strike, motion to dismiss or a summary judgment motion to escape an improper claim or suit and get out of the case early.
Well, hopefully we know what we're doing on these types of things. While lawyers develop the theories, the client has the ultimate authority on the suit. If this guy has such an affection for NHMS, he could have easily said “no.” Here, he wisely did not. While NHMS is the named defendant, I cannot imagine they didn’t have policy coverage in place. In effect, he’s not suing NHMS, he’s suing the insurance company who’s business it is (yes, they make lots of money doing this too) to provide coverage for these types of incidents. If NHMS did not have coverage, shame on them for cutting corners. It may be the case too that at the end of the suit the jury determines that NHMS is 10% liable. Nothing says the guy has to collect the judgment against NHMS.
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