Re: OT/ legal question?

Posted by Goose on June 24, 2008 at 07:19:48 from (65.208.249.179):

In Reply to: OT/ legal question? posted by 135 Fan on June 23, 2008 at 15:52:43:

There's also the human element involved. Several years ago, my wife was in a head-on collision. Thanks to the belts and air bag, she walked away from it at the time. Without going into detail, there was no question the other party was clearly at fault.

She subsequently, however, needed to have her right knee "scoped" to clean up a bit of cartelage damage from hitting the dash beside the steering column. When it came settlement time, the other gal's insurance company put an offer on the table that was about $30,000 less than what we were hoping for, so we discussed the option of going to court with our attorney.

At first, our attorney in the matter (who specialized in personal injury cases and was a referral from our personal attorney) went ahead and filed the necessary papers to bring it to court. Then, as time passed, he became edgier about the situation, recalling a couple of times in the past in identical cases where the same surgeon who worked on my wife's knee had reversed himself on the witness stand and testified the injury in question was caused by natural deterioration from age, rather than caused by the accident under question. He was smart enough to avoid perjuring himself.

After discussing the case with several of his colleagues, our attorney advised us we might be better off to take the offer that was on the table and run with it. It was actually a relatively reasonable offer, and based on THAT PARTICULAR SURGEON'S past record, if we had gone to court there was a possibility we could wind up worse off than if we hadn't. So we took the attorney's advice. And as the attorney was working on a contingency, his share rose and fell with ours.

I relate this to bring out that the human element of participants is a significant factor in court proceedings, and there is also a lot of cronyism involved. I studied just enough law in college to be dangerous, and I'm aware that two attorneys who go at each other tooth and nail in a courtroom in front of the public also will get together over coffee and plot their next moves. Any attorney who's been around a while will not only know how a particular judge will respond to a certain maneuver, he will also be able to predict his opponent's moves. In reality, it's one big game. And as in any game, there's a time to push for victory and a time to cut and run.

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