It's Personal...

Prak · Post by **Prak** » Tue Sep 25, 2012 4:41 pm

Hell, as I've started working on the school paper, I've started to think that those questionable, innuendo laden headlines are done on purpose... since, well, I typically try to make such headlines when possible.

I'm also convinced that sculptural art is all about putting dicks in public places.

Ted the Flayer · Post by **Ted the Flayer** » Wed Sep 26, 2012 12:29 am

I hope one of these job applications pan out. I am not hurting for anything, I'm just bored. And I miss my D and D group.

Koumei · Post by **Koumei** » Wed Sep 26, 2012 5:50 am

Apparently it's an English-speaking quirk to make bad puns in headlines - "British Air profits soar" (GET IT? BECAUSE PLANES SOAR THROUGH THE AIR*, AHAHAHA!)

Sir Neil wrote:As I was swabbing a dead rottweiler's teeth for D.N.A., I leaned in and told it that he was "a bad dog." I was even able to use "bitch" in an official police report.

Surely you could have mixed in some kind of "Get this down to the labs" line. As in, labradors.

*Unless they're Qantas jets, in which case if you're lucky they don't take off. If you're unlucky, well...

Ted the Flayer · Post by **Ted the Flayer** » Thu Sep 27, 2012 3:23 am

I figured out how to copy and paste links on my phone. I also found out that I can't rickroll anyone because my phone won't let me.

Prak · Post by **Prak** » Thu Sep 27, 2012 5:10 am

I've heard of that on some phones, there's a way around it.

Cynic · Post by **Cynic** » Thu Sep 27, 2012 6:12 am

I'm trying to look up a medical malpractice lawyer for cases relating to severe brain injury or worse. I have no clue what the fuck I'm doing.

Anyone know have tips on how to research lawyers and the cost effectiveness between paying upfront vs. lawyers who only get paid when you get a positive outcome.

Hell, I don't even know exactly how the latter works. I mean do they get a cut of the result (if there is one) or if there is some sort of win (quantified how?) do you have to pay them then?

I'm so swamped with every other medical concern that I'm at a total loss on how to proceed on this.

Any info on lawyers, finding a good one, qualities to look for in a search, etc... would be awesome.

Whatever · Post by **Whatever** » Thu Sep 27, 2012 12:47 pm

Lawyers will sometimes take a 33% share of the judgment (the amount the other side is ordered to pay you by the judge, when they lose), or the settlement (the amount the other side agrees to pay you, in exchange for dropping the case). Note that, win or lose, you may be on the hook for court costs even if you lose, possibly in addition to stuff like discovery costs and expert witnesses, depending on what agreement you sign. Also, your lawyer may try to push you into a settlement because it's easy money for them. Ultimately you may end up with only 50% of what they pay, less taxes.

But on the other hand, a case can be really expensive, and there's no guarantee you'll win, so hiring a lawyer out of pocket can be risky if you're not well-off.

As far as finding a good lawyer, your best bet, if you can, is to get personal recommendations from people you trust. That can be really tough though, especially since you likely want a lawyer who specializes in this kind of personal injury case, if you can.

Also, very sorry to hear that something that awful happened to someone you know.

Kaelik · Post by **Kaelik** » Thu Sep 27, 2012 1:33 pm

Some things that can help:

1) If you know a lawyer you trust who has nothing to do with medical malpractice, they probably know of/about good lawyers in any field, and can send you in the right direction.

2) When it comes to lawyer fees, pretty much everything Whatever said is correct, but lawyers actually have to explain to you the exact nature of the deal. If you want to not be on the hook for court costs, check to see if the lawyer will do that, ect.

3) The bottom lone is for medical malpractice you almost certainly want a contingent fee if you are not incredibly wealthy. If you don't have the wealth to back it up, they may not even agree to take the case any other way. Contingent fees mean you lose out on 30-50% of the money you would make, but frankly that's not that big a deal. Traditionally in medical malpractice you plead a bunch of actual damages, and then Pain and suffering damages. Pain and suffering is a bunch of extra money you get depending on how the jury feels that pays the lawyer (with maybe a little bit left over) so you still make back all the money you are actually owed.

But be aware that if you have medical insurance paying for everything now, then they get to take any amount they have payed for your care out of your judgment/settlement before you get any of it.

And last, if you do have insurance paying for everything, you might want to see if you can make a case to them that it is a good med malpractice case, and they might take care of the lawyer bit to get back their money. Only problem is they will want you to settle for the exact amount that pays them completely and gets you nothing.

Whatever · Post by **Whatever** » Thu Sep 27, 2012 5:39 pm

One other note, if the lawyer agrees to pay court costs and the like out of the judgment, check when those will apply. For example, if the lawyers fee is one third (33%), the settlement is $30, and costs are $9 (medical examination of victim, depositions, etc etc), the lawyer will want to take his third right off ($10), then costs ($9), leaving you $11. You would rather pay costs ($9), leaving $21, then he gets his third ($7), leaving you $14. As Kaelik noted, they will have to explain this to you, so make sure you pay attention and negotiate carefully.

Ted the Flayer · Post by **Ted the Flayer** » Fri Sep 28, 2012 12:28 am

Prak_Anima wrote:I've heard of that on some phones, there's a way around it.

Regretfully, that doesn't work.

Prak · Post by **Prak** » Fri Sep 28, 2012 12:35 am

Couldn't resist.

Neeeek · Post by **Neeeek** » Fri Sep 28, 2012 7:52 am

As, I'm fairly sure I'm the only person here who actually works at a law firm that takes med mal cases, I recommend you ignore virtually everything you read above. Other than the costs thing Whatever was talking about. We always do the fee after costs thing where I work (the one where the client gets more), but it's a contract issue, and in my experience, most deals are the other way around.

1) You will want to do a contingency agreement. There are two reasons for this: 1) The law firm's goal will be to get the biggest settlement. 2) The law firm won't waste time trying to bill you for more hours. Frankly, any attorney who would accept a hourly fee for a med mal plaintiff is arguably incredibly unethical. It's just not how you do that.

2) Contingent fees aren't a constant. They typically vary depending on how long the process is. As a rule, if your case goes to trial (which it probably won't), the fee is higher than it would be if you settle out of court.

3) For med mal, what to look for depends on what you care about. If you want to be treated like a person, you want to look for a small law firm, if you mostly care about money, you can try a big firm, then, after they tell you they won't take your case, go to the small firm.

4) The way this works is you treat, then you sue. You get damages based on what you pay out for medical care, then usually about twice that amount in non-specific damages.

How this works depends on where you are, to a large extent. Laws vary from state to state, but it's mostly foisting the yelling at insurance companies and filing of paper work to a law firm.

Cynic · Post by **Cynic** » Fri Sep 28, 2012 9:51 pm

Neeeek wrote:As, I'm fairly sure I'm the only person here who actually works at a law firm that takes med mal cases, I recommend you ignore virtually everything you read above.

Thanks, that actually made me laugh and choke on my food. So far, that's been the funny highlight of the last couple of weeks.

A few things, since we are looking at a problem of hospital negligence (read: *fucking idiocy*), would this still make a difference with the insurance?

What would a small firm actually be? I've seen a lot of listings of small law firms that have 1-2 lawyers and a paralegal as the only people on staff. Is that actually enough to handle a case against a hospital?

How worried should I be about how many cases they are handling and all that.

Neeeek · Post by **Neeeek** » Sun Sep 30, 2012 8:23 pm

Cynic wrote:A few things, since we are looking at a problem of hospital negligence (read: *fucking idiocy*), would this still make a difference with the insurance?

Not sure what you mean. If you have insurance covering your medical costs, your insurance company will often sue the hospital for damages to recoup the costs they pay on your behalf. Either way, you having insurance does not relieve the hospital of any obligation to pay damages.

What would a small firm actually be? I've seen a lot of listings of small law firms that have 1-2 lawyers and a paralegal as the only people on staff. Is that actually enough to handle a case against a hospital?

One lawyer would have little trouble handling a case against a hospital if they know what they are doing. If they specialize in med mal, it's probably most of what they do.

How worried should I be about how many cases they are handling and all that.

Hmm. It could be a problem if they are truly overbooked, but in my experience, lawyers tend to have issues with not having enough work, rather than the reverse. Also, there is no way to tell if they are handling too many cases, as they really aren't supposed to talk about their other clients.

Maxus · Post by **Maxus** » Thu Oct 04, 2012 3:36 am

So I've been in a rut lately. Nothing bad, just a vague funk.

I was looking forward to the three-day weekend I have this week. Was even thinking of doing something I never do--knock out all my work, get permission from the boss, and go home early.

Then I came in today and he gave me a $150 bonus check.

Everyone else got one, too.

All of a sudden, I was feeling pretty awesome.

Maj · Post by **Maj** » Thu Oct 04, 2012 7:45 pm

Isn't it amazing how someone handing you a piece of paper can change the neurotransmitters in your brain?

Congrats on the bonus.

Maxus · Post by **Maxus** » Fri Oct 05, 2012 12:21 am

I got another fun thing today. This is how I know I really was in a funk.

I forgot that Monday is Columbus Day. I work in a US Federal building. So on top of taking tomorrow off to dodge Bayfest (they turn downtown into a big three-day music festival), I have Monday off, too. As a paid holiday.

Ted the Flayer · Post by **Ted the Flayer** » Fri Oct 05, 2012 11:48 pm

I shut off the power to the freeloaders in my old apartment. The butthurt I got texted from one of them was almost worth getting screwed out of $200. Too bad I live too far away to file a lawsuit.

erik · Post by **erik** » Sat Oct 06, 2012 12:09 am

Were they just expecting you'd keep paying their utilities?
Rather irresponsible of em not to arrange their own utilities since they knew you were leaving.

Koumei · Post by **Koumei** » Sat Oct 06, 2012 4:55 am

Ted the Flayer wrote:I shut off the power to the freeloaders in my old apartment.

Remember how they cut you out of the Internets? Checkmate.

Maxus · Post by **Maxus** » Sat Oct 06, 2012 5:40 am

Ted the Flayer wrote:I shut off the power to the freeloaders in my old apartment. The butthurt I got texted from one of them was almost worth getting screwed out of $200. Too bad I live too far away to file a lawsuit.

Ted the Flayer · Post by **Ted the Flayer** » Sat Oct 06, 2012 2:25 pm

According to the text, I should star in a movie and call it "The Unfuckibles" (sic)

As far as those three are concerned, I am EXTREMELY unfuckable.

Maxus · Post by **Maxus** » Sat Oct 06, 2012 6:17 pm

Yet you have fucked them good.

Prak · Post by **Prak** » Sat Oct 06, 2012 9:11 pm

Ted the Flayer wrote:According to the text, I should star in a movie and call it "The Unfuckibles" (sic)

As far as those three are concerned, I am EXTREMELY unfuckable.

That's just because you're not related.

Count Arioch the 28th · Mon Oct 08, 2012 11:21 pm

I don't know where the contact info thread is anymore, but my xbox live gamer tag is ctarioch28. I'm getting Live set up by the end of the week.