Posted by Mike (WA) on September 03, 2014 at 15:39:30 from (69.10.197.141):
In Reply to: 2 Drunks get in a fight posted by George Marsh on September 03, 2014 at 14:43:45:
This is an outgrowth of the insurance industry. If you suffer any damage from someone even remotely connected with someone who has liability insurance, you can be assured of a settlement in the $8-10,000 range, if there's even a hint of liability. Its a win-win-win- client gets about 2/3, attorney gets about 1/3, and insurance company (which has an obscene amount of income from premiums, so an occasional loss doesn't mean much) avoids going to court. Such awards are called "nuisance damages", in the business.
And actually, "the system", if you can call it that, works. If you think you've been aggrieved, you go to a personal injury attorney. He evaluates the case. If its just completely ridiculous, he'll turn it down. But if it has even a hint of success, he'll take it on a contingency basis. Without contingency (atty only gets paid if you win), many plaintiffs would never have any recourse, because they have no resources to pay an attorney on an hourly basis. If its a "nuisance" case, atty gets some money to keep him going; but it may turn out to be a good case, so client ends up with something, which is better than the nothing he would have gotten if he had to hire an attorney on an hourly basis but couldn't afford to do so. Insurance company will settle for nuisance damages, because it means they won't have to roll the dice and go before a jury, which in our present entitlement culture, is a loose cannon.
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