Any update on the tort reform bill?

[TivoliDawg]

It was discussed briefly here about three weeks ago, but I don’t have any updates on it.

If I recall correctly, I was the only person discussing it who was against the bill, which would limit plaintiffs ability to seek monetary damages against insurance, companies and other defendants.

After reading more about it, I definitely stand by that though

 

[Dawgdocindosta]

I don’t have any update but I agree with you mostly on this. There really needs to be a filter of some type on lawsuits. Especially medical lawsuits. Maybe a board of five people: three individuals, one doctor and one insurance rep (or some combo). Too many suits are frivolous. That puts real, viable suits at risk.
I’m sure I’m preaching to the choir bc I think you are in the medical field. But law has influenced how practice occurs in a mostly negative way in my opinion.

 

[NWGA_DAWG]

It was discussed briefly here about three weeks ago, but I don’t have any updates on it.

If I recall correctly, I was the only person discussing it who was against the bill, which would limit plaintiffs ability to seek monetary damages against insurance, companies and other defendants.

After reading more about it, I definitely stand by that though

Trial lawyer here, it passed both houses with a few changes but Gov Kemp hasn't signed it yet.

We expect he will sign it this week and much of it applies immediately and to current cases.

It's a really bad bill and at least 2 parts of it will likely be overturned by the GA Supreme Court but we, GTLA, will challenge all of it.

Overall some changes were made at the end of the process that improved the bill a little but it is 100% an insurance company bailout bill and it will NOT lower insurance premiums.

They've tried this in other states, insurance premiums still go up, injury victims, sexual assault victims, etc lose rights.

 

[Southern_brand]

Trial lawyer here, it passed both houses with a few changes but Gov Kemp hasn't signed it yet.

We expect he will sign it this week and much of it applies immediately and to current cases.

It's a really bad bill and at least 2 parts of it will likely be overturned by the GA Supreme Court but we, GTLA, will challenge all of it.

Overall some changes were made at the end of the process that improved the bill a little but it is 100% an insurance company bailout bill and it will NOT lower insurance premiums.

They've tried this in other states, insurance premiums still go up, injury victims, sexual assault victims, etc lose rights.

As a lawyer, how do we fix the litigation abuse in Georgia? We have been at the top of judicial hell hole list the last 4-5 years.

 

[TivoliDawg]

Trial lawyer here, it passed both houses with a few changes but Gov Kemp hasn't signed it yet.

We expect he will sign it this week and much of it applies immediately and to current cases.

It's a really bad bill and at least 2 parts of it will likely be overturned by the GA Supreme Court but we, GTLA, will challenge all of it.

Overall some changes were made at the end of the process that improved the bill a little but it is 100% an insurance company bailout bill and it will NOT lower insurance premiums.

They've tried this in other states, insurance premiums still go up, injury victims, sexual assault victims, etc lose rights.

Exactly. The idea that a fortune 50 company is gonna start giving away money because they will have to spend less defending lawsuits is hilarious. Actually, it’s sad that some people believe that.

Rather than insurance companies, trying to get creative and aggressive with how to make more profits, they’re using the government to try to prevent payouts at a certain time.

To be clear, a huge percentage of these lawsuits are somewhere between fraudulent and frivolous. No debate there. But the solution is to go after the individuals or the crooked medical facilities, not to limit the rights of every single person.

 

[TivoliDawg]

Trial lawyer here, it passed both houses with a few changes but Gov Kemp hasn't signed it yet.

We expect he will sign it this week and much of it applies immediately and to current cases.

It's a really bad bill and at least 2 parts of it will likely be overturned by the GA Supreme Court but we, GTLA, will challenge all of it.

Overall some changes were made at the end of the process that improved the bill a little but it is 100% an insurance company bailout bill and it will NOT lower insurance premiums.

They've tried this in other states, insurance premiums still go up, injury victims, sexual assault victims, etc lose rights.

You bring up a good point. There is actual evidence at this point for whether the theory is true. In other states that have limited the payouts… Did those citizens get premium decreases? I think we all know the answer. Lol.

The premiums continue to go up, and now your rights to sue the insurance company or another party are significantly less. You just signed your rights away.

 

[Southern_brand]

You bring up a good point. There is actual evidence at this point for whether the theory is true. In other states that have limited the payouts… Did those citizens get premium decreases? I think we all know the answer. Lol.

The premiums continue to go up, and now your rights to sue the insurance company or another party are significantly less. You just signed your rights away.

It’s obviously not a permanent answer, but I do t think it’s as bad as you say either. Will it bring down premiums? Idk. But it could lead to premium decreases, partly because competition should increase. Insurance companies started to pull out of Georgia because it wasn’t profitable to do business in Georgia anymore. Hopefully this bill will lead to those companies re-entering the state.

 

[NWGA_DAWG]

Exactly. The idea that a fortune 50 company is gonna start giving away money because they will have to spend less defending lawsuits is hilarious. Actually, it’s sad that some people believe that.

Rather than insurance companies, trying to get creative and aggressive with how to make more profits, they’re using the government to try to prevent payouts at a certain time.

To be clear, a huge percentage of these lawsuits are somewhere between fraudulent and frivolous. No debate there. But the solution is to go after the individuals or the crooked medical facilities, not to limit the rights of every single person.

To be absolutely clear, there is not a huge % of fraudulent/frivolous lawsuits, our entire evidence code/civil practice act has been reformed multiple times to eliminate these cases. There are multiple sanctions, penalties, and judicial methods available to get these cases dismissed and the idea that our courts are flooded with frivolous cases is entirely insurance company propaganda.

 

[NWGA_DAWG]

As a lawyer, how do we fix the litigation abuse in Georgia? We have been at the top of judicial hell hole list the last 4-5 years.

This is not true, the "judicial hellhole" article was written by the insurance lobby. This bill is a solution looking for a problem, we don't have a litigation abuse problem in GA. This bill will expand litigation.

 

[NWGA_DAWG]

I don’t have any update but I agree with you mostly on this. There really needs to be a filter of some type on lawsuits. Especially medical lawsuits. Maybe a board of five people: three individuals, one doctor and one insurance rep (or some combo). Too many suits are frivolous. That puts real, viable suits at risk.
I’m sure I’m preaching to the choir bc I think you are in the medical field. But law has influenced how practice occurs in a mostly negative way in my opinion.

This already exist in med mal cases.

 

[NWGA_DAWG]

It’s obviously not a permanent answer, but I do t think it’s as bad as you say either. Will it bring down premiums? Idk. But it could lead to premium decreases, partly because competition should increase. Insurance companies started to pull out of Georgia because it wasn’t profitable to do business in Georgia anymore. Hopefully this bill will lead to those companies re-entering the state.

GA currently has a net gain of insurers over past 5 years, the insurers that left the state left due to storms and property damage claims which almost never involve lawyers.

 

[Southern_brand]

To be absolutely clear, there is not a huge % of fraudulent/frivolous lawsuits, our entire evidence code/civil practice act has been reformed multiple times to eliminate these cases. There are multiple sanctions, penalties, and judicial methods available to get these cases dismissed and the idea that our courts are flooded with frivolous cases is entirely insurance company propaganda.

Idk about that. I’d like to see the stats. I’d also like to know how “frivolous lawsuit” is defined. Id be willing to bet insurance companies and lawyers would disagree on what constitutes insurance fraud. As an agent and former cop, I’ve seen and see people all the time try to defraud the carriers. Insurance fraud costs the insurance industry approximately $30B-$40B annually.

 

[Southern_brand]

This is not true, the "judicial hellhole" article was written by the insurance lobby. This bill is a solution looking for a problem, we don't have a litigation abuse problem in GA. This bill will expand litigation.

lol ok, you’re extremely biased. I’m willing to step into the attorney’s perspective to gain better knowledge on how to fix the legal environment in Georgia, but nothing will get fixed by placing all the blame on one side and not acknowledging the issues on your own side. I will never 100% side with insurance companies because I realize they aren’t bastions of honesty and integrity. However, to espouse that there’s no issues with Georgia’s legal environment and it’s all propaganda by the insurance industry is absurd. Attorney’s haven’t earned the stereotype of not being able to be trusted for no reason. So forgive me for having a hard time believing that the attorneys lobby is without fault and insurance companies bear all the blame.

 

[NWGA_DAWG]

Idk about that. I’d like to see the stats. I’d also like to know how “frivolous lawsuit” is defined. Id be willing to bet insurance companies and lawyers would disagree on what constitutes insurance fraud. As an agent and former cop, I’ve seen and see people all the time try to defraud the carriers. Insurance fraud costs the insurance industry approximately $30B-$40B annually.

And these cases get dismissed if they are ever filed, why would a plaitniff lawyer invest time into a BS case? We dont get paid by the hour. This is a insurance lobby fiction.

 

[NWGA_DAWG]

lol ok, you’re extremely biased. I’m willing to step into the attorney’s perspective to gain better knowledge on how to fix the legal environment in Georgia, but nothing will get fixed by placing all the blame on one side and not acknowledging the issues on your own side. I will never 100% side with insurance companies because I realize they aren’t bastions of honesty and integrity. However, to espouse that there’s no issues with Georgia’s legal environment and it’s all propaganda by the insurance industry is absurd. Attorney’s haven’t earned the stereotype of not being able to be trusted for no reason. So forgive me for having a hard time believing that the attorneys lobby is without fault and insurance companies bear all the blame.

Stick to selling insurance lol.

 

[bayrooster]

Stick to selling insurance lol.

 

[OriginalGatorHator]

And these cases get dismissed if they are ever filed, why would a plaitniff lawyer invest time into a BS case? We dont get paid by the hour. This is a insurance lobby fiction.

The only entity this tort reform bill helps are insurers.

Insureds and tort victims will pay the price.

 

[NWGA_DAWG]

The only entity this tort reform bill helps are insurers.

Insureds and tort victims will pay the price.

It's so convoluted and poorly drafted, it may all go away in a few years via GaSC. The funny thing is, it does nothing to potentially limit large verdicts and they will absolutely continue.

 

[ugaballers]

When every other billboard is an ambulance chaser that speaks volumes.
Also read about the case involving CVS pharmacy and Facebook marketplace transaction going bad in there parking lot. Enough said just reading that.

The Anatomy $43 Million Premises Liability Verdict Against CVS - Palmer | Lopez

Three recent premises liability lawsuits, all filed in Georgia, could have a profound impact on the duty of care for proprietors in high-crime areas. In a recent lawsuit, CVS was charged $43 million after a patron was shot in their establishment. Over the past three years, there have been at...

palmerinjurylaw.com

 

[TivoliDawg]

When every other billboard is an ambulance chaser that speaks volumes.
Also read about the case involving CVS pharmacy and Facebook marketplace transaction going bad in there parking lot. Enough said just reading that.

The Anatomy $43 Million Premises Liability Verdict Against CVS - Palmer | Lopez

Three recent premises liability lawsuits, all filed in Georgia, could have a profound impact on the duty of care for proprietors in high-crime areas. In a recent lawsuit, CVS was charged $43 million after a patron was shot in their establishment. Over the past three years, there have been at...

palmerinjurylaw.com

Wow. That really is insane.

Two idiots try to conduct a transaction that HAPPENS TO BE in the parking lot of a CVS and when they shoot each other, CVS is now liable for the armed robber’s conduct?

 

[Southern_brand]

It’s free range on the profits of the insurance companies, but touch the attorney’s profits if you dare.

 

[MUSMDawgs]

All I know if every lawyer I know is against this.

So, either lawyers are the most caring people in the country. Or…. It’s a good thing

 

[ToddF]

If it's truly the greedy insurance companies not the attorneys, then why is it that two-thirds of all the billboards in Atlanta are advertisements for attorneys? Why is it that these ads for attorneys are all about auto accidents? Not ads for attorneys that handle real estate closings or criminal defense. There aren't any billboard ads for divorce attorneys. Advertising dollars follow the most profitable departments of a firm. That doesn't even touch the Atlanta television advertising numbers spent by law firms for auto accidents.

 

[NWGA_DAWG]

If it's truly the greedy insurance companies not the attorneys, then why is it that two-thirds of all the billboards in Atlanta are advertisements for attorneys? Why is it that these ads for attorneys are all about auto accidents? Not ads for attorneys that handle real estate closings or criminal defense. There aren't any billboard ads for divorce attorneys. Advertising dollars follow the most profitable departments of a firm. That doesn't even touch the Atlanta television advertising numbers spent by law firms for auto accidents.

I wish the state bar would make billboard/tv legal marketing a bar violation, I hate those ads more than you do. Absurd legal marketing is a big reason Kemp took this on and we are not a sympathetic group as you mention.

 

[Southern_brand]

We can agree on this

I wish the state bar would make billboard/tv legal marketing a bar violation, I hate those ads more than you do. Absurd legal marketing is a big reason Kemp took this on and we are not a sympathetic group as you mention.