In today’s podcast, Richard L. Duquette discusses the economics of justice in a small bike injury case. Richard provides a realistic perspective in Economics of a Small Bike Injury Case to help you decide how to proceed with your case.
Historical Overview
The legal claim field has titled to the side of the insurance adjuster. In the 80’s a typical case settled for 3 times the medical bills. This provided for pain and suffering in addition to paying for the medical bills. Everyone walked away generally happy.
In the 90’s insurance companies began pumping millions of dollars into tort reform via advertising and politics. This changed things drastically.
Today, the victim is being offered just medical bill repayment. The changes over time have shifted the burden of proof over to the victim in order to pursue a case.
This process can be so overwhelming and confusing for many so they just give up. The big corporations win and the victims lose.
Fight Back
Don’t give up. You can still fight with a small case if there is proof of clear liability or fault and limited damages. This might include some bicycle damage and a sprain, strain, whiplash, abrasions, contusions and even some non-displaced fractures.
Computers and Evaluation
Each person and their injuries are like a snowflake, they are unique. Because of the insurance company's stance of deny, delay and defend, the discretion available to the front-line adjusters is very limited. Your case is probably going to be determined by a computer instead.
Appointed Judges and Politicians
With the onset of appointed judges and politicians came a movement of anti-consumer views. This change can be seen with respect to your personal health insurance (collateral source) versus your medical bills. Today, medical damages are calculated by the amount paid and not the amount billed.
To hear more of the issues of Economics of a Small Bike Injury Case, download and listen to the entire episode.
If you are short on time, here are the highlights of Economics of a Small Bike Injury Case:
What are the Terrible 200’s? (2:33)
What is a small case? (4:05)
What is Colossus? 5:20)
The Medicare maze? (11:20)
Limited court access? (12:10)
What about Small Claims court? (14:33)
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