Thursday, November 1, 2007

Florida Justice

A friend who was in an auto accident writes:

I was advised to talk with a lawyer, who started a lawsuit against the other guy's insurer. It had prospects, since he was charged with causing the accident, and I had injuries.

The guy's insurance company offered $2,600 to settle. For medical expenses, what can that do, and it's before my lawyer takes his cut.

My lawyer sketched out the options. One was to go to trial against the other guy's insurance company. But, he noted, jury trials of this kind are, by Florida law, a charade. I.e., even though this whole matter now is between me and the other guy's insurance company, if we went to trial, the insurance company would not be visible in the courtroom. Instead, the jury would only see me and the other driver. It would seem like I'm suing him, and that he personally would have to pay any monetary award.

The fact that he even has insurance would not be allowed in court.

When in fact, he's just a legal prop. His lawyer is hired and paid by his insurer, any settlement would be paid by them. If I lose, his insurer, a billion dollar corporation, will go after me for costs and attorney's fees. But the jury would not be allowed to know this. They'd be tricked into thinking the "cause of action" is a matter between two individuals, when in fact that's the last thing it is.
I'll bet your media never told you that. How do you like your Florida corporate "fuck you" law now?

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