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Subject:  Re: t.Retirement won't happen for me Date:  8/18/2006  1:04 PM
Author:  JAFO31 Number:  53233 of 76418

"If you want to talk politics - what Congress needs to do is fix our tort laws. If you think your insurance is bad, talk to your doctor colleagues who work on people. Their malpractice insurance will make your head spin. I've seen premiums of $100k or $200k PER YEAR. How'd you like to have that nut behind your business? And why is that so expensive? Because we've got lawyers coming out of our ears who will sue anyone for anything at the drop of a hat. It's become a lawsuit lottery out there. And malpractice insurers aren't making it easier on us. They just roll over and settle pretty much all but the most friviolous claims. Its cheaper than fighting the claim and running the risk of losing."

Most of the cases are decided by jury. Why is no part of the rant directed at juries?

"We need a cap on pain and suffering damages so that insurers are willing to go to court and try cases on their merits instead of just settling."

Texas implemented one, and from what I understand insuracne costs have ot declined.

<>"And we need a significant penalty against those who bring friviolous lawsuits - both the plaintiffs AND their attorneys. If the attorney is going to share in the benefits of the suit - and they always do in these cases - they should also bear the risks of being determined friviolous."

The federal courts and a nuber of states do so.

http://www.aepronet.org/pn/vol6-no2.html

"The truth is that judge's already have the authority”—under "Rule 11"—to throw out a frivolous lawsuit and sanction the attorney before the case even gets started. It's time to fight myths with facts."

From the trial lwyers themselves.
http://www.atla.org/pressroom/facts/frivolous/index.aspx

See also:
http://www.snopes.com/legal/lawsuits.asp

Regards, JAFO
(not a trial lawyer)





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