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  1. #1
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    Jul 2009
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    Default How Do Accident Victims Find Lawyers

    out of curiosity people who commit these scams probably are not to well off. Where do they find the money to get lawyers and stuff? And how does a jury help them?

  2. #2
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    Mar 2009
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    Default Re: 5 People Claiming Whip Lash

    Quote Quoting CRJ
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    out of curiosity people who commit these scams probably are not to well off. Where do they find the money to get lawyers and stuff? And how does a jury help them?
    This is part of the whole tort problem in the US. The "lawyers" who file these cases are part of the scam. They do the cases on contingency hoping to win a lottery payout.

  3. #3
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    Mar 2005
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    Michigan
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    Default Re: 5 People Claiming Whip Lash

    What's a "lottery payout"?

    In Michigan, a mere claim of "I have whiplash" will get you nowhere. Let's assume a state that would allow the mere "I have whiplash" to get into court. Without medicals, that claim will be nearly worthless. Even if the person claiming "whiplash" has fantasies of winning the lottery, it ain't gonna happen.

  4. #4
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    Jan 2008
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    Toledo, OH
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    Default Re: 5 People Claiming Whip Lash

    Quote Quoting Defendant9
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    This is part of the whole tort problem in the US. The "lawyers" who file these cases are part of the scam. They do the cases on contingency hoping to win a lottery payout.
    Win a what, now?

    I don't know where people get the idea that you can just pretend you're injured, go to court, and take home a pile of money. Where do y'all live, that this is common?

    My family has been involved in two personal injury cases. In the one, I was the one injured - 7 months pregnant, passenger in a car stopped at a red light, hit by some mouthbreather not paying attention to where he was going.

    In addition to the bruises and cuts from the impact, I went into labor. The guy who hit us had a real pitbull insurance company, they weren't going to pay for my medical bills or my car repairs, in spite of the fact that their insured was cited and fined. We sued, and were awarded triple damages. That was triple ACTUAL damages - car repairs, medical bills, lost wages.

    In the other, my husband was deliberately struck by a motorist who was pissed that he was (legally) riding his bicycle on the sidewalk - he chased my husband down and whipped around a corner as he was in the intersection, then fled the scene. He returned later while the cops and the EMTs were there, was cited, and proceeded to be a righteous pain in the ass. Again, triple ACTUAL damages.

    BOTH times, we had to produce our medical records, including the X-rays for my husband and the ultrasounds for me, in addition to all the other little fiddly bits that are part of the medical record. BOTH times, there were actual, visible, physical damages. Totaled car, totaled bike, bruises, road rash, cuts...EMT records of needing to jam an IV into me to start drugs to stop the labor.

    The settlements weren't much in either case, and the lawyer got a third both times. He was well worth his fee, too. We got exactly what we were entitled to - medical bills and property damage paid for, and our legal fees paid.

  5. #5
    Join Date
    Mar 2008
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    1,995

    Default Re: 5 People Claiming Whip Lash

    Quote Quoting aaron
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    What's a "lottery payout"?

    In Michigan, a mere claim of "I have whiplash" will get you nowhere. Let's assume a state that would allow the mere "I have whiplash" to get into court. Without medicals, that claim will be nearly worthless. Even if the person claiming "whiplash" has fantasies of winning the lottery, it ain't gonna happen.
    The one car-pedestrian accident where I was the driver, the pedestrain actually tripped and fell running away, and was offered $12,000 as a settlement just not to go to court. Yet, he got himself an attorney demanding $50,000. My insurance refused to pay, from what I'm told, due to the plaintiff's lack of documentation..

    I heard it was settled finally for the orginal amount, but $12,000 for a trip and fall is not bad at all. I was rather surprised an attorney actually took on the case, but during the deposition, his attorney appeared surprised at some aspects of my account, so the plaintiff's account may have been exaggerated.

    In the case where my wife's car was bumped, the insurance scam "runner", a customer of mine, pulls the scams off in league with certain medical clinics, and lawyers. Here, doctors actually does bogus treatments, and create false documentation of "whiplash" injuries, with cases handled by certain attornies. Finally, a year or two ago, groups of them were arrested because of the large number of claims filed by the same lawyers, all documented by the same clinics.

    In fact, a TV investigation was done, filmed by a hidden cameras at one of these clinics, where it was clear that the doctor conducted bogus treatment sessions.

    In my neighbohood, another gang would stage accidents. The one that spooked me the most was in front of the driveway to a supermarket where my wife often shops. An elderly women was killed in one of these staged accidents, when her car hit a pole.

    What these people do is drive around in a car, with a driver and several passengers. They would stop short hoping another car behind them would crash into them. In the case of the elderly driver mentioned above, another car coming the opposite direction would cut into her lane, hoping to cause her to swerve into their confederates' car, with a driver and 4 passengers, bumping it. Unfortunately, the elderly women swerved the other way, hitting the pole.

    What these people also do is use the clinics I mentioned to document bogus injuries.

    Unfortunately these scams all exists, and from the looks of it, "whiplash" injuries appear to be the easiest ones to fake and document.

  6. #6
    Join Date
    Mar 2009
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    15

    Default Re: 5 People Claiming Whip Lash

    Quote Quoting aaron
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    What's a "lottery payout"?

    In Michigan, a mere claim of "I have whiplash" will get you nowhere. Let's assume a state that would allow the mere "I have whiplash" to get into court. Without medicals, that claim will be nearly worthless. Even if the person claiming "whiplash" has fantasies of winning the lottery, it ain't gonna happen.
    My point is that there are unethical lawyers (really!) who will take a very dubious case in order to see if the can extract some undeserved money from the defendant (or insurance company) to make "the case" go away. Often the will get a lottery payout in the sense the whole charade was a gamble for cash. One reason premiums are so high.

    This is in addition to the outright fraud as mentioned above.

  7. #7
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    Aug 2009
    Location
    San Antonio, Texas
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    57

    Default Re: How Do Accident Victims Find Lawyers

    The whole "lawyers getting rich on bogus cases" is an urban myth. It is far more common that injured people are not compensated or are under compensated.

    Lawsuits cost money and a lawyer would go broke pursuing frivolous cases.

  8. #8
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    Aug 2009
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    2

    Default Re: How Do Accident Victims Find Lawyers

    No way is that true. I'm in no way trying to defend lawyers, cause I'm not one, but you are basically calling the whole industry a big fat lie. That means the doctors are in on it as are the lawyers. No way they would risk their years of schooling to make fraudulent claims.

    Plus, don't you think its interesting that insurance companies are making record breaking profits year after year even during years with huge natural disasters such as Katrina. If they are making so much money in profits, why are they raising premiums? I think insurance companies have been successful in the propaganda wars between lawyers and insurance companies.

    People may make fraudulent claims, but I think any real attorney tries to weed out the fake claims vs. the real ones for fear of losing their license.

  9. #9
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    Mar 2008
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    Default Re: How Do Accident Victims Find Lawyers

    Quote Quoting systemm17
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    No way is that true. I'm in no way trying to defend lawyers, cause I'm not one, but you are basically calling the whole industry a big fat lie. That means the doctors are in on it as are the lawyers. No way they would risk their years of schooling to make fraudulent claims.

    Plus, don't you think its interesting that insurance companies are making record breaking profits year after year even during years with huge natural disasters such as Katrina. If they are making so much money in profits, why are they raising premiums? I think insurance companies have been successful in the propaganda wars between lawyers and insurance companies.

    People may make fraudulent claims, but I think any real attorney tries to weed out the fake claims vs. the real ones for fear of losing their license.
    Your might want to read this article, and pay particular attention to the section on "personal injury mills".

    http://www.quackwatch.org/02Consumer.../insfraud.html

    And a news story about one if these scams:

    http://www.manhattan-institute.org/h...le.htm?id=3258

    Yes, doctors and lawyers are involved in them. Why they want to risk their license?? In a word, GREED.

  10. #10
    Join Date
    Aug 2009
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    2

    Default Re: How Do Accident Victims Find Lawyers

    First, when you quote Stephen Barrett from quackwatch, you lose a lot of credibility. That man has no credibility and has problems with fraud himself.

    Second, I'm not saying that fraud doesn't happen. What I am saying is the individual is more than likely the culprit of fraud, not the professional. If a person walks into a dr. and says treat me for my pains, what is a dr. to do? The same thing for an attorney. If the person appears to have a legitimate claim, what is an attorney to do? Fraud is hard to detect for the professional, but most attorneys and dr.'s when they suspect fraud, immediately distance themselves from the individual. Unfortunately, a lot get past the professionals because car accident complaints are generally subjective rather than objective. But again, thats the individual, not the professional.

    That's what your second article alluded to, the individual making the fraudulent claim.

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