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Arcturas posted:Also the tremendous uncertainty involved in litigation covers up a ton of "bad at math" sins. So like sure, in a personal injury case you can get an exact figure for current medical expenses, but future medical expenses are a handwave by an expert that will be "accurate" to approximately the half-million dollar figure over the course of ten years, if you're lucky. And pain and suffering damages are completely unpredictable. So you get a vague ballpark on those, you get a vague ballpark on what you think your chances of success are (handicapping for inherent jury unpredictability, witness issues, etc. etc.) and do some napkin math to come up with a gut feel on what a case is worth. Can you explain this with shopping cart metaphors though, please?
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# ? Dec 8, 2022 20:20 |
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# ? May 22, 2024 09:28 |
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Volmarias posted:Can you explain this with shopping cart metaphors though, please? You are building a new grocery store and are trying to estimate how any shopping carts you need. You are unaware you're walking distance from the trailer park where bubbles lives.
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# ? Dec 8, 2022 21:45 |
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Are people that fail to return shopping carts bad people in this example?
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# ? Dec 8, 2022 23:34 |
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Azuth0667 posted:Are people that fail to return shopping carts bad people in this example? They’re bad 100% of the time.
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# ? Dec 9, 2022 00:57 |
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Arcturas posted:Also the tremendous uncertainty involved in litigation covers up a ton of "bad at math" sins. So like sure, in a personal injury case you can get an exact figure for current medical expenses, but future medical expenses are a handwave by an expert that will be "accurate" to approximately the half-million dollar figure over the course of ten years, if you're lucky. And pain and suffering damages are completely unpredictable. So you get a vague ballpark on those, you get a vague ballpark on what you think your chances of success are (handicapping for inherent jury unpredictability, witness issues, etc. etc.) and do some napkin math to come up with a gut feel on what a case is worth. Some attorneys just never say anything and their clients spend a lot of time googling “What is a reasonable settlement for xyz.”
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# ? Dec 9, 2022 01:26 |
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evilweasel posted:... That makes sense. Bummer that it sounds like there's nothing else that can be done here but thank you for explaining further.
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# ? Dec 9, 2022 15:56 |
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evilweasel posted:That's the basic way lawyers usually do it in my experience and the basic model we usually use . You've got to remember lawyers are bad at math so it has to be simple. Other factors can go into it - size of insurance coverage, costs of litigation - but the basic idea is a risk-adjusted value of the litigation. More bells and whistles is just more to argue about, so even when we have financial advisors creating multi-page models to justify settlement offers/demands it just generally boils down to risk-adjusted value (or, the number that can be achieved is being backed into and justified that way). Absolutely lawyers are bad at math but even I'd balk at trying to put a percentage on a chance to win (90% of the time you win 100% of the time). This is a hilariously complicated issue anyway, it's just funny to me to see it that way. Basically we ban percentages generally in client conversations and risk assessments, so my kneejerk reaction was a double take.
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# ? Dec 9, 2022 17:18 |
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based on my experience as a guy in the middle of a lot of settlement negotiations, plaintiff's attorneys value their pain and suffering as $1000000000000000000, while defendants value it as ~$1. This is usually followed by a suggestion from the plaintiff that we should just "meet in the middle" "How did you arrive at this number" "gotta leave yourself some room to negotiate, you know?" Thesaurus fucked around with this message at 22:16 on Dec 9, 2022 |
# ? Dec 9, 2022 22:14 |
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Thesaurus posted:Defendants value it as ~$1. The aggrieved party can have a little money, as a treat.
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# ? Dec 9, 2022 22:33 |
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This is why you always claim for loss of consortium no matter the injury, to dare the defendant to put you to proof.
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# ? Dec 9, 2022 23:17 |
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Can someone just satisfy my prurient interest and tell me how this poor guy got his dick hacked up?
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# ? Dec 10, 2022 07:53 |
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Alchenar posted:This is why you always claim for loss of consortium no matter the injury, to dare the defendant to put you to proof. Someone here has a great depo transcript of it
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# ? Dec 10, 2022 19:12 |
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BonerGhost posted:Can someone just satisfy my prurient interest and tell me how this poor guy got his dick hacked up? Botched vasectomy by the now retired Dr. Dick Chop is my guess
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# ? Dec 10, 2022 19:40 |
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That's a whole different body part than a vasectomy, he was probably getting circumsized or his frenulum snipped or something
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# ? Dec 10, 2022 20:19 |
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Sorry, not a lawyer so I have no idea if mentioning the specific issue could be a risk to their case so I opted not to say.
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# ? Dec 10, 2022 21:25 |
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Can you give us a graphic description of his penis at least
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# ? Dec 10, 2022 21:32 |
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Anne Whateley posted:That's a whole different body part than a vasectomy, he was probably getting circumsized or his frenulum snipped or something quote:From what he told me, the doctor gave him at best unintentionally disastrous advice, at worst deliberately tried to disable him. oliveoil posted:Yeah basically he cannot climax anymore following a surgery that he says mutilated his dick in a way he insists any other surgeon would say was done completely wrong. He can physically have sex but not finish. "Don't worry if your dick turns blue for the next few days, that's perfectly normal, just tie it tight in a rubber band to stimulate circulation" But who knows. Maybe it was "if you stash a baby scorpion within your foreskin, you'll slowly absorb it's power and virility" during fertility treatments. Perhaps he was advised to try deflating his prostate? There's no end of incredible theories here! Volmarias fucked around with this message at 23:25 on Dec 10, 2022 |
# ? Dec 10, 2022 23:22 |
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oliveoil posted:If you go to a surgeon because you don't like the way your balls look, or hell maybe you just want your foreskin gone, and you wake up to find half the head of your dick is missing, I don't see how even God himself could credibly testify against you. oliveoil posted:Patient showed up for a simple cosmetic procedure, woke up missing the important parts. I do regret thinking that much about his friend's dick though
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# ? Dec 10, 2022 23:32 |
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Anne Whateley posted:I do regret thinking that much about his friend's dick though When medical advice regarding pee being stored in the balls goes wrong
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# ? Dec 10, 2022 23:37 |
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I'll bet on "surgeon got scalpel happy during hypospadias correction"
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# ? Dec 10, 2022 23:40 |
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We got permission from the BK court to continue with the lawsuit/get a new trial date. How long do I wait before I send my lawyer an email saying "uhhhh, did we get a new date yet?"
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# ? Dec 11, 2022 18:39 |
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bird with big dick posted:We got permission from the BK court to continue with the lawsuit/get a new trial date. How long do I wait before I send my lawyer an email saying "uhhhh, did we get a new date yet?" It takes either weeks or months
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# ? Dec 11, 2022 19:59 |
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bird with big dick posted:We got permission from the BK court to continue with the lawsuit/get a new trial date. How long do I wait before I send my lawyer an email saying "uhhhh, did we get a new date yet?" Just send an email saying you appreciate getting the stay lifted and ask when you can expect a new trial date to be set.
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# ? Dec 11, 2022 21:28 |
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When I evaluated cases for settlement purposes on the defense side, I would always give percentage probabilities combined with ranges. So for example, I would say there is a 5% chance of a complete defense verdict. 20% chance of a judgment between 20 and $40,000. 50% chance of a judgment between 40 and $80,000. 20% chance of a verdict between 80 and $100,000. And a 5% chance of something in excess of $100,000. It usually wasn’t that clear of a bell curve. Sometimes there was no possibility of a defense verdict, for example. Sometimes it was a 50-50 chance of zero in the case. And I almost always would leave myself a 1% potential for some kind of runaway jury scenario if that was a possibility. And it goes without saying that I prefaced and concluded this type of estimate with plenty of CYA language.
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# ? Dec 12, 2022 15:29 |
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My old firm absolutely refused to give percentages for a very long time, at most maybe committing to High, Medium, and Low risk categories. Until they landed some pretty big clients that required percentages for their risk matrixes or whatever, and then the partners would just tell us to "write down whatever just make sure there's a disclaimer at the bottom off the memo".
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# ? Dec 12, 2022 15:36 |
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The bell curve type of analysis was generally the last thing I would do, usually for the client to decide whether to pull the trigger and go to trial. Settlement evaluation was usually “here’s a reasonable settlement value range based on similar comparable quanta in other cases and my gut feeling of our case.” Luckily Louisiana is super litigious, especially on PI cases, and all parties have an appeal as of right, so we have a pretty good dataset of reported decisions to use. So much that there are quantum manuals like this one that you can use to jumpstart your quantum research. There are services that trawl the major courts for trial verdicts and send out recap emails within a few weeks which are also helpful to get some sense what juries are doing. But anyone who’s tried a case to a jury knows there is no way to accurately predict exactly what they will do.
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# ? Dec 12, 2022 15:49 |
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Legal questions: cessation of his manly development
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# ? Dec 12, 2022 15:52 |
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Legal questions: awarded damages for having to join the school band
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# ? Dec 12, 2022 16:06 |
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Legal questions: Dick broken, send judgement
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# ? Dec 12, 2022 16:59 |
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Got a divorce / alimony question if anybody can offer some advice. I haven't asked my lawyer yet because . My ex-wife and I finalized our divorce in May of this year, in Essex County in Massachusetts. As part of the separation agreement, I agreed to pay a $22,000 lump sum alimony payment, payable in two installments of $11,000 each. The first payment went through without issue, and the second one is due by the end of the year. I have the money, and that's not the issue. I recently was pointed towards a (now deleted) post she made on reddit about purchasing a home with someone, in Maine. This implies that she's cohabitating with someone, and clearly not hurting for money if she's able to buy a house. Out of curiosity, do I have any recourse here? Isn't alimony something that can be discharged when a person who implied they needed it has shacked up with someone new? For what it's worth, I still live in Massachusetts but I've moved out to Northampton, in Hampshire county. Edit: Thanks to the York County Registry of Deeds. I can see that she did in fact purchase a house with someone, and I can also see that they're not married. Necronomicon fucked around with this message at 17:58 on Dec 12, 2022 |
# ? Dec 12, 2022 17:36 |
Necronomicon posted:Got a divorce / alimony question if anybody can offer some advice. I haven't asked my lawyer yet because . My ex-wife and I finalized our divorce in May of this year, in Essex County in Massachusetts. As part of the separation agreement, I agreed to pay a $22,000 lump sum alimony payment, payable in two installments of $11,000 each. The first payment went through without issue, and the second one is due by the end of the year. I have the money, and that's not the issue. I recently was pointed towards a (now deleted) post she made on reddit about purchasing a home with someone, in Maine. This implies that she's cohabitating with someone, and clearly not hurting for money if she's able to buy a house. Out of curiosity, do I have any recourse here? Isn't alimony something that can be discharged when a person who implied they needed it has shacked up with someone new? For what it's worth, I still live in Massachusetts but I've moved out to Northampton, in Hampshire county. No lawyer is going to respond to something this specific. However, generally, read your settlement agreement. What does it say? Broadly, as I understand it, there are three ways to change alimony owed... when it's the courts decision: 1) Either party dies. 2) The party receiving alimony remarries. Note that cohabitation is not marriage. 3) The party paying has a significant change in situation (e.g. disability, retirement, etc) -- which may impact their ability to hit obligations.
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# ? Dec 12, 2022 17:56 |
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Zauper posted:No lawyer is going to respond to something this specific. Yeah, it looks like the ex hasn't remarried, despite having purchased a home. It wouldn't surprise me if she's holding off on that until the end of the year when the final payment has been made.
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# ? Dec 12, 2022 18:02 |
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I'd say just pay the agreed alimony rather than spending a bunch of money on lawyers to fight having to pay the alimony with the potential outcome that you have to pay the alimony along with interest, costs, and possible attorneys fees. By doing this you also end things with as little acrimony as possible.
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# ? Dec 12, 2022 18:03 |
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Mr. Nice! posted:I'd say just pay the agreed alimony rather than spending a bunch of money on lawyers to fight having to pay the alimony with the potential outcome that you have to pay the alimony along with interest, costs, and possible attorneys fees. Disagree. The lawyers need to get paid.
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# ? Dec 12, 2022 18:10 |
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Yeah. What they said. Or to put it another way: is there an answer, in a hypothetical bullshitting over beers sense? Likely. Is there an answer, in a you keep the money because the judge says so sense? That'll be 15k to your lawyer and good odds you're still writing the check for 11 too.
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# ? Dec 12, 2022 18:14 |
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Mr. Nice! posted:I'd say just pay the agreed alimony rather than spending a bunch of money on lawyers to fight having to pay the alimony with the potential outcome that you have to pay the alimony along with interest, costs, and possible attorneys fees. Largely I agree, but this was a years-long long abusive relationship that I endured from the ages of 20 to 33, so I don't know if there's much to be done about the acrimony bit. So that's obviously going to be coloring my perceptions and motivation here.
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# ? Dec 12, 2022 18:22 |
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$11k to never deal with your ex again is a cheap price to pay.
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# ? Dec 12, 2022 18:38 |
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Compusaurus posted:Disagree. The lawyers need to get paid. Expert witness here that would like to get paid too.
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# ? Dec 12, 2022 18:47 |
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Leperflesh posted:$11k to never deal with your ex again is a cheap price to pay. Spend the for a lawyer consult, but in my divorce at least the language was pretty clear about rules for alimony.
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# ? Dec 12, 2022 18:48 |
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# ? May 22, 2024 09:28 |
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$11,000 isn't much to pay to move on with your life disclaimer: $11k is a lot to some people
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# ? Dec 12, 2022 18:52 |