RANT: Lawyers are Killing us with the Insurance Companies

[Texmaster]

Especially in States like Texas and Florida where Lawyers rule the court systems. Home owner's insurance is up because Lawyers forced Home Owners Insurance to cover MOLD. Thats right, MOLD. So to cover the lawsuits the Insurance Companies Raise the Rates on people.

Now its Malpractice Suits. In Texas alone a doctor that had to pay 120,000 dollars for Malpractice Insurance now has to pay 480,000!!!! 4 TIMES the amount from last year. Just think if your car insurance went up that much!

Now many doctors are comtemplating retiring early because they can't afford the malpractice insurance!!!


WE NEED DOLLAR LIMITS ON LAWSUITS NOW!!!

 

[Lucky]

 

[burnedout]

I have very little respect for attorneys. To me, they are nothing more than glorified salesmen.

While some suits have merit, others leave much to be desired. Indeed Tex, many people are looking at the mold claims here in Texas as "fast money".

 

[Asha'man]

HAHAHAHAHA

only in america!

you poor people!

 

[StormRider]

I've always thought that lawyers are a huge drain on our society -- I hate them. It's because of them that the cost of health care has sky rocketed. If it wasn't for lawyers, the advance of technology should have lowered health care (just like it has lowered the cost of computing). Sometimes malpractice suits are neccessary to get rid of incompetent doctors but most malpractice suits seem to be out of line and does nothing but drive up the cost of health insurance.

 

[Texmaster]

<< I've always thought that lawyers are a huge drain on our society -- I hate them. It's because of them that the cost of health care has sky rocketed. If it wasn't for lawyers, the advance of technology should have lowered health care (just like it has lowered the cost of computing). Sometimes malpractice suits are neccessary to get rid of incompetent doctors but most malpractice suits seem to be out of line and does nothing but drive up the cost of health insurance. >>



Right. And I'm not saying stop the suits but at the very least put a cap on the maxuimum amount they can get.

 

[Asha'man]

man, seriously! I really feel sorry for you! Soon you will be paying more money to all the insurances you need to have in order just to live than we here in europe pay in taxes.. I remember paying $800 for a three month car insurance when I was over. Sure we were 18yrs but still.... the car cost us $6000!

Anyway soon you will pay more than us and still a couple of percent of your population will be under the poverty line.

 

[burnedout]

HAHAHAHAHA

only in america!

you poor people!

Yep. Unfortunately we are the world leader in litigation.

 

[UltraQuiet]

Tell me again how this is lawyers' fault. Is this illegal in some way? Lets not lose sight of what the real issue here is- the law. If anybody is to blame it is the people who have the power to make or revoke laws-- our elected officials and the people who put them in office. Now before you power-up the flamethrowers rest assured I in no way support frivolous lawsuits, but I do believe in blaming the responsible parties. And to those of you in foreign countries- Yes our country and our judicial system is imperfect, but after visiting and serving with people who have visited lots of countries, I would want to live no where else or have anyone else's judicial system.

 

[Texmaster]

<< Tell me again how this is lawyers' fault. Is this illegal in some way? Lets not lose sight of what the real issue here is- the law. If anybody is to blame it is the people who have the power to make or revoke laws-- our elected officials and the people who put them in office. Now before you power-up the flamethrowers rest assured I in no way support frivolous lawsuits, but I do believe in blaming the responsible parties. And to those of you in foreign countries- Yes our country and our judicial system is imperfect, but after visiting and serving with people who have visited lots of countries, I would want to live no where else or have anyone else's judicial system. >>



I never said it was illegal what they were doing. And yes you are absolutely correct, we are talking about the law here. But the results of their actions are hurting people in the form of insurance and clearly here, Lawyers are stretching for the biggest settlements possible without taking into accout the other peple that can be hurt. I'm talking about new laws that limit the amount of money they can get. Juries are always more eager to make a company pay in a courtroom, I just want the dollar figire not to get rediculus enough that other people are hurt because of it.

 

[azazyel]

So what does M.O.L.D stand for....I mean you can't possibly mean mold as in Fungi...can you?

 

[Texmaster]

<< So what does M.O.L.D stand for....I mean you can't possibly mean mold as in Fungi...can you? >>



You got it. Exactly what you are thinking it is. Scary ain't it?

 

[ToBeMe]

I agree to the extent that some of these frivilous suits which end up in multimillion dollar settlements are the reason we pay so much, and doctors retire early but in some circumstances, the laws are just as bad the oppisite way!!! I have a friend whom worked in construction for a long time, about a year and a half ago he fell from a roof and broke his back, and both legs at the ankles. The breaks in his ankles were so severe they required "pins" in them because the bones were so shattered! The kicker is, he originally refused to go up on the two story house the morning this happened because there was still snow and ice on the roof, but, he was threatened that if he didn't, he could go home and look for a new job and his foreman would find someone whom would!

Well, he finally was released by his docotors last Aug. with permanent limitations saying he could not lift over 20lbs., stand for over 20 minutes at a time, walk for over 20 minutes at a time, or drive over 20 miles. He is also on narcotics yet to control pain as well as several other drugs so returning to the only job he ever had in construction was out of the question, and even vocational rehab. said retraining him was not a realistic option because of his permanent restrictions and that he should apply for Social Security Disability!

He just got his settlement through Workmans Comp. here in MO last week.............keep in mind this guys injuries and the restrictions several doctors agreed he had to abide by or he would need more surgery or worse yet, end up in a wheel chair. He was determined to be 78% disabled by the workmans comp. doctors according to the papaerwork....................he got $24,500.00 from Workmans Comp.!!! If the same injuries had been the result of an auto accident............he would have more than likely been awarded 10 times that or more! Here's the kicker.......he also must now hire a lawyer because he got denied by Social Security....................not because his injuries are not severe enough to qualify him though........he was told that if he were 40+ years old instead of 37, he would have gotten it, but, Social Security rarely awards benefits to people under 40 unless they have legal representation! Their advice was for him to go get a lawyer and appeal the decsion, or wait the 2.5 years then reaplly!!!!

 

[ToBeMe]

<<

<< So what does M.O.L.D stand for....I mean you can't possibly mean mold as in Fungi...can you? >>



You got it. Exactly what you are thinking it is. Scary ain't it? >>


BTW........I don't know about everywhere, but, having a family in the construction business and having worked in it myself for a while, I know that at least here in MO "mold" has been covered by homeowners insurance for years! It most often is a claim where the side of the home or business faces North or East and the outer walls on those sides become covered in what they reffer to as "mold". There is actually a "mold remover" wash you use with a high pressure sprayer which works in some cases, but, I also remember cases where the siding or brickwork affected was replaced due to the severety.............

 

Quit whining already! You guys who claim to detest lawyers the most are the ones who need them to rescue your butts from the trouble it gets into.

You will not diss my soon to be profession!

Btw, I think there are stupid lawyers or ones who do not deserve much respect, but to continue with the generalisation is quite despicable and ridiculous! :|

I am not well informed on this matter to conclude whether or not the lawyers are to blame or what position I stand. You're obviously coming from a biased perspective and aren't a medium for me to learn much about this subject matter. Thanks for bringing it to our attention, nonetheless!

 

[Gonad the Barbarian]

Actually, mold can be a very serious problem. Some houses have to be torn down and burned (along with everything that was in them) because of mold infestations. It's a very rare occurance, but it does happen.

 

[Texmaster]

<<

<<

<< So what does M.O.L.D stand for....I mean you can't possibly mean mold as in Fungi...can you? >>



You got it. Exactly what you are thinking it is. Scary ain't it? >>


BTW........I don't know about everywhere, but, having a family in the construction business and having worked in it myself for a while, I know that at least here in MO "mold" has been covered by homeowners insurance for years! It most often is a claim where the side of the home or business faces North or East and the outer walls on those sides become covered in what they reffer to as "mold". There is actually a "mold remover" wash you use with a high pressure sprayer which works in some cases, but, I also remember cases where the siding or brickwork affected was replaced due to the severety............. >>



You don't understand. It wasn't covered. It wasn't something the insurance companies put in their coverage (ie budgeted for), they were all of a sudden Forced to cover it opening the floodgates to lawsuits thereby raising the cost of insurance.

Thats the scary part of it.

 

[Don Vito Corleone]

How were the insurance companies "forced" to add mold coverage? By state law? All legislatures are composed primarily of lawyers, but they are elected by the people; I'm not sure I understand how lawyers as a whole would be responsible for the actions of the state's own legislature.

 

[MWink]

I think all (or at least most) of the lawyers should be burned! I have no respect for people like that. One time I was going to build a computer for a teacher of mine but in the end his wife (a lawyer) would not let me build it because I was not 18 at the time! :|

 

[ToBeMe]

<<

<<

<<

<< So what does M.O.L.D stand for....I mean you can't possibly mean mold as in Fungi...can you? >>



You got it. Exactly what you are thinking it is. Scary ain't it? >>


BTW........I don't know about everywhere, but, having a family in the construction business and having worked in it myself for a while, I know that at least here in MO "mold" has been covered by homeowners insurance for years! It most often is a claim where the side of the home or business faces North or East and the outer walls on those sides become covered in what they reffer to as "mold". There is actually a "mold remover" wash you use with a high pressure sprayer which works in some cases, but, I also remember cases where the siding or brickwork affected was replaced due to the severety............. >>



You don't understand. It wasn't covered. It wasn't something the insurance companies put in their coverage (ie budgeted for), they were all of a sudden Forced to cover it opening the floodgates to lawsuits thereby raising the cost of insurance.

Thats the scary part of it. >>


Welll.............That's why I said I wasn't sure if it was a coverage available everywhere! It sounds as if it probably should have been though.........were there not any "pre-existing condition" clauses in the new coverage though???? And why/how were the companies forced to include this with no riders/clauses to keep this floodgate from opening?? Sounds as if someone "dropped the ball" on this or there were very suspicious activities which occurred to have this put into effect in the manner you describe.......

 

[DevilsAdvocate]

Ok Tex -

I agree with 99% of your posts here, but I have to take exception with one point.

Toxic mold is a serious problem. If you do not understand the problem entirely, perhaps you should educate yourself about it. Particular types of mold cause sickness and death - and this is happening here in Houston.

The insurance contracts providing coverage were drafted in such a way that the insurance company had to pay - because the mold was covered under certain circumstances. This was a grey area in the contract. Where there are grey areas in insurance contracts, the problems are resolved in favor of the policyholder.

Lawyers are in control of courts across America, not just in Texas and Florida. As I understand it, most jurisdictions require that a judge be a licenced attorney. In order to practice in court (except for self-representation), one usually must be a licensed attorney. In that sense, courts are controlled by lawyers.

My question to you is - what about the juries? Occasionally a lawyer gets on the panel, but usually it is 12 idiots in a box. The jury has the power to render the judgment and the amount of damages. Judges have the power to reduce the judgment (through remitteur) but not to increase it.

If you are frustrated, direct your frustration to the juries.

Sorry your insurance went up, but if your home was damaged you would want coverage too. It is easy to piously type away on your keyboard when you obviously have no concept of what kind of damage has been done to these houses.

Your statement that lawyers control the court is true is some respects and false in others.

As far as malpractice and tort reform goes, I agree that there should be some cap - but not one engineered to pervert justice. Sometimes people inflict horrific injuries to others - and they should be made to pay.

 

[Texmaster]

<< How were the insurance companies "forced" to add mold coverage? By state law? All legislatures are composed primarily of lawyers, but they are elected by the people; I'm not sure I understand how lawyers as a whole would be responsible for the actions of the state's own legislature. >>



The lawyers used the original contract and interpreted the wording as inlcuding Mold as a damaging force for houses and had to be covered. But as Gonad said, Mold damage to an extreme can hurt a house but it has to remiain untreated for years and years. Instead of putting in a special provision for those people they opened the floodgates for ALL calims of mold damage.

 

[Martin]

well, everyone knows lawyers are scum, not all of them of course, but a large number. The problem is, society today can't function without them, so we're stuck with them until someone thinks of something better.....which might never happen.

 

[b0mbrman]

Blah...they're a necessary evil (0 lawyers is obviously a bad thing) but I agree that it's gotten way out of hand

 

[Texmaster]

<< Ok Tex -

I agree with 99% of your posts here, but I have to take exception with one point. >>



Oh man I'm in trouble .



<< Toxic mold is a serious problem. If you do not understand the problem entirely, perhaps you should educate yourself about it. Particular types of mold cause sickness and death - and this is happening here in Houston.

The insurance contracts providing coverage were drafted in such a way that the insurance company had to pay - because the mold was covered under certain circumstances. This was a grey area in the contract. Where there are grey areas in insurance contracts, the problems are resolved in favor of the policyholder.

Lawyers are in control of courts across America, not just in Texas and Florida. As I understand it, most jurisdictions require that a judge be a licenced attorney. In order to practice in court (except for self-representation), one usually must be a licensed attorney. In that sense, courts are controlled by lawyers. >>



I understand that some molds could be a real problem but when you include all types of mold of every kind and force the insurance companies to pay whatever damages a jury sees fit with no limitiations on those fines, then it becomes a real problem.



<< My question to you is - what about the juries? Occasionally a lawyer gets on the panel, but usually it is 12 idiots in a box. The jury has the power to render the judgment and the amount of damages. Judges have the power to reduce the judgment (through remitteur) but not to increase it.

If you are frustrated, direct your frustration to the juries. >>



Remember, this is a Rant not a sound arguement Of course you are right it just gets under my skin how lawyers can overdramatize a case to get the 12 jurors in a more giving mood.

But remmeber, every time Money restrictions are even suggested, Lawyers lobby like crazy to stop them. Thats what I have an issue with.




<< Sorry your insurance went up, but if your home was damaged you would want coverage too. It is easy to piously type away on your keyboard when you obviously have no concept of what kind of damage has been done to these houses.

Your statement that lawyers control the court is true is some respects and false in others. >>



Yes of course you are right here.



<< As far as malpractice and tort reform goes, I agree that there should be some cap - but not one engineered to pervert justice. Sometimes people inflict horrific injuries to others - and they should be made to pay. >>



Do you agree there should be a cap on home owners insurance claims as well? I'm not talking severely limit them but at the very least stop them from getting rediculus.