Dan Walters: 'Tort war' could hit the California Capitol
Last year, the state Supreme Court interjected itself – in a big way – into the perennial "tort war" that pits personal injury lawyers against insurance companies and business groups over the arcane rules of liability lawsuits.
Both the courts and the Legislature play roles in deciding who can sue and collect money from whom over injurious acts.
Last August, the Supreme Court, by a 6-1 ruling, imposed limits on how medical damages could be calculated in auto accidents and other personal injury cases.
The issue in the case (Howell v. Hamilton Meats) was whether the injured party could collect the full medical bills imposed by doctors, hospitals and other medical care providers, or would be limited to the amounts actually paid by insurers, which are often pennies on the dollar.
The case, stemming from a 2005 collision in San Diego County, involved $200,000 in medical bills that were whittled down to $60,000 before payment.
The trial judge decreed that only the smaller amount need be paid, while an appellate court said it should be the full amount, and several other pending cases had conflicting appellate court decisions, so the issue was kicked upstairs to the Supreme Court.
Its widely watched ruling hit personal injury lawyers in their wallets but elated insurers, who had said an adverse outcome would have cost them, and their policyholders, another $3 billion a year.
And that's where the Legislature enters.
Consumer Attorneys of California, the lobbying arm of personal injury lawyers, has made no secret that it wants legislation to counteract the Supreme Court decree. And if, as widely expected, the lawyers pursue that goal this year, it sets up another in a decades-long string of high-dollar political shootouts between the perpetually warring groups.
In the days leading up to the Legislature's return to Sacramento, there were a number of private discussions among lobbyists over what form the lawyers' drive would take and at least some talk of a deal in which the lawyer lobby would drop it in return for some other change in tort law that would make other kinds of lawsuits more lucrative.
Suing Auto Insurance Companies - News
By Dan Walters Last year, the state Supreme Court interjected itself – in a big way – into the perennial "tort war" that pits personal injury lawyers against insurance companies and business groups over the arcane rules of liability lawsuits.
Olympus executives sued over scandal: Olympus is suing its President, Shuichi Takayama, and 18 other current and former executives for 3.6 billion (30 million) in damages over the accounting scandal that brought it to the brink of collapse.
Yes I realize that's why insurance is required, and I agree that it looks like they shouldn't be in business. I hate frivolous lawsuits but, honestly, If I were the judge I'd give her the money. OK, maybe a year or two of therapy, $10k seems in order.
15, 2011), the US District Court for the Northern District of California dismissed an antitrust class action against the wholly owned subsidiaries of several auto insurance companies on the basis that the named plaintiffs lacked standing to sue the
CHARLESTON -- A Pittsburgh, Pa., woman is suing 63 companies she claims are responsible for her mother's lung cancer and death. Kathleen A. Buchner was diagnosed with asbestosis and mesothelioma, from which she died, according to a complaint filed Dec.
Can i sue the auto insurance company? | Auto Insurance Tips Blog
I had automobile accident previous calendar year at the beginning of August and it took me law firm 8 months to get my compensation cash, but im nevertheless waiting for my vehicle fix income from the other guy insurance policy organization (21 Century). My law firm informed me that the other man insurance policy is even now figuring out how a lot to pay out for my car fix. In my impression, i assume the insurance coverage firm shouldn’t 9 month+ to figure out how a lot to pay for my fix. Im thinking to sue but im not confident if which is achievable. Do you man assume my Lawyer is not pushing them challenging sufficient? What do you man believe i can do now?
Greatest answer:
Response by Monea123
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