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Red Bird Motorcycle
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The age old question for a plaintiff attorney is whether to advise your client to accept the offer made by the insurance company or roll the dice and take the case to trial. Is this the best and highest offer you are going to get? Is it the bird in the hand or two in the bush? In the past I have used my own experiences along with the jury verdicts reports of trials with similar fact situations and injuries to determine the value of the case. Other intangible items such as the type of witness the plaintiff will make or their jury appeal are also considered. A recent study out of New York that explores how well plaintiffs and defendants in civil lawsuits did when they elected to go to trial over accepting the final offer made.
The results of this study show that plaintiffs in civil lawsuits are better off when they settle their case and should avoid going to trial. The statistics from the study show a majority of plaintiffs who take their case trial do not get the verdict they had hoped for. One of the interesting results is that more frequently the result in the trial does not exceed the last offer made by the defendant.
Randall Kiser is the principal analyst who compiled the statistics. He is from Decision Set, a consulting firm that advises clients on litigation decisions. These statistics were obtained from analyzing approximately 2,054 New York case over a 40 year period ending in 2004. According to the study Defendants are wrong when they decide to proceed to trial 24 percent of the time. The Plaintiffs did not fare as well being wrong 61 percent of the time.
One of the most interesting statistic reported in the study was that in 15 percent of cases where the parties could not agree on a settlement both sides benefited by going to trial. The defendant is said to have won by getting a jury verdict less than the plaintiff asked for. The plaintiff is considered a winner by getting a jury verdict that exceeded the defendant's final offer of settlement.
Estimates based upon statistics in the study state somewhere between 80 to 92 % of cases settle. The study questions the motives of lawyers in proceeding to trial, suggesting a financial motivation. The financial motivation on the part of the defense attorney could be in the form of additional hours which can be billed on the case. For the plaintiff attorney, I don't believe that the financial motivation would be that easy to pinpoint since it is a risk versus reward situation. That is, they may get a larger verdict and therefore a larger fee, but they also may get a smaller verdict and a smaller fee or even a zero verdict that would mean no fee at all.
Many insurance companies have policies of making low offers of settlement therefore forcing the plaintiff to trial. The decision in these cases is not made by the defense attorney but by the insurance adjuster.
What is in the clients best interest will be what the plaintiff's attorney will advise. This decision is made by evaluating verdicts from cases with similar fact situations and from that attorney's own experience. Unfortunately, there is no hard fast formula for determining a cases' true value. This is one of the reasons why it is important to get advice from an attorney who concentrates their practice in the area of law that is your case. This experience is a critical factor in the decision making process. It is up to you to make sure your attorney is completely frank with you in his opinion of your case, make sure you are given the "worst case scenario". You will have a better chance of making the right decision.
This study should not be used as a complete authority and a definite. There are many factors that that can effect any study. They can be the laws of the state where the study is conducted, the judges involved and the lawyers. If you are an accident victim it is vital to keep an open and honest line of communication with your attorney.
Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the author of "7 Potholes That Can Wreck Your Kentucky Accident Case" and "What You Don't Know About Buying Car Insurance Can Hurt You".
Improve the Way you See Things This Winter
Next time you go out into the cold, blustery, winter air on some crazy trail on your mountain bike at 40 mph in Bolivia fighting to get around the locals in the next bend or skiing smooth slopes at Buttermilk or more challenging slopes with friends and family in the elevations in Aspen, grab yourself a set of good quality stunna shades and tough goggles. You always grab your boots, gloves, coat, and hat, but do you ever think about covering your eyes from the harsh winds and glaring UV rays from the sun? The winter months can be hard on all parts of your body including your eyes. The extreme cold air swirling at you at different speed gusts can have an unpleasant effect on your vision causing possible issues like dryness and burning. For those people who wear contacts it can be especially aggravating to deal with also. Blurry vision can be a problem, especially when your in a tight situation requiring your concentration, for instance your whaling down a sharp incline at mind blowing speeds navigating tree after tree before dropping off a 25ft face. Whew a crazy ride that was. Would you want blurry vision while navigating that scenario? Participating in cold outdoor winter activities should be fun and safe. You only get one set of eyes, don’t take a chance on damaging your eyes or putting a damper on the day or vacation. Good quality sunglasses and goggles can keep dust and debris from being blown into your eyes while providing better clarity and contrast. Once you experience wearing quality eyewear you will purchase and wear only that.
To get even better results try different color lens. Proper lens color can be a big key in clarity and contrast. Lens colors like red, green, black, or brown are good choices to start with to see what color best suites your situations. Yellow is also a good color as it brightens your surroundings. Shatterproof and polycrbonate lens should also be used for even better results. Polarized lens can give you a sharper more clear view of the world around you. Ultraviolet light rays of radiation become more intense during winter. People often don’t realize the elevation they’re at or that the sun gets closer to the earth during the winter months and with higher elevation a different sharper angle of UV light rays occurs. With the mixture of higher elevation, the sun being closer to the earth and snowy conditions you can see what kind of harsh formula can occur. Around such conditions the increase in ultraviolet light radiation will be stronger. Even if you’re not on a mountain, anywhere there is snow or glare, in winter or summer, it’s a good idea to relieve stress with sunglasses. Eye fatigue, headaches, sometimes loss of vision for a short bit, maybe swelling and other problems may occur many hours after sun exposure. A doctors visit may be required if problems persist.
Goggles can play an important role in winter fun as well. Goggles can virtually eliminate dust, debris and wind from getting to your eyes and you can also buy them polarized. Goggles come in a wide variety of lens colors like sunglasses. Today, the quality, craftsmanship, and technology of sunglasses and goggles are much more focused upon by today’s top manufacturers. Providing the consumer with innovative styles and comfort to protect ones eyes from harmful UV Rays and Blistering Winds. Good quality eyewear will cost more, but you will get better quality built eyewear to protect your vision while looking like a fabulous star and usually you will get a good warranty should anything go wrong with your favorite shades or goggles. Have a wonderful time this winter and play it smart, your sight depends on it.
About the Author
Poll: you are at a party and walk up to some people talking. Pick a few of the topic of conversations you ....?
Please I would really like you to answer my poll.?
So you are at a party and walk up to some people talking.
Pick a few of the topic of conversations you would stay and be part of and those you would walk away from.
Fashion and clothes
Travel out side of your country
TV shows
Music
Books you've read
Religion
Meditation
Politics
Gardening
School
Sex
Movies
Work
Hate crimes
Gay rights
Rush Limbaugh
Bill Maher
Obama
Bush
Maharishi
Yogananda
Photography
Painting and Art
Opera and plays
Raising exotic birds
Raising Lamas
Raising Dogs or Cats
Scuba Diving
Motorcycle racing
Formula1 racing
Nascar
Vacationing in Las Vegas
Vacationing in Bali
Vacationing in Calif Red woods
Vacationing in Italy
Cooking
Dieting
Exercising
Thank you for your time.
Fashion and clothes WALK AWAY
Travel out side of your country STAY AND TALK
TV shows MOST LIKELY WALK AWAY
Music STAY!
Books you've read STAY!
Religion STAY AND LISTEN
Meditation STAY AND LISTEN
Politics STAY FOR A LITTLE WHILE
Gardening WALK AWAY
School WALK AWAY
Sex STAY FOR A LITTLE WHILE
Movies HMM PROBABLY WALK AWAY
Work WALK AWAY
Hate crimes MAYBE STAY FOR A LITTLE WHILE
Gay rights HAHA STAY FOR SURE
Rush Limbaugh OH BOY WALK AWAY
Bill Maher WALK AWAY
Obama PROBABLY WALK AWAY SINCE I DON'T WANT TO GET POLITICAL
Bush SAME ^^^
Maharishi ^^^
Yogananda ^^^
Photography WALK AWAY
Painting and Art STAY FOR A LITTLE WHILE
Opera and plays WALK AWAY
Raising exotic birds WALK AWAY
Raising Lamas HAH STAY FOR A LITTLE WHILE AND LISTEN
Raising Dogs or Cats STAY (I RAISE DOGS)
Scuba Diving STAY A LISTEN FOR A FEW MINUTES
Motorcycle racing WALK AWAY
Formula1 racing WALK AWAY
Nascar WALK AWAY
Vacationing in Las Vegas WALK AWAY
Vacationing in Bali WALK AWAY
Vacationing in Calif Red woods LISTEN
Vacationing in Italy STAY AND LISTEN
Cooking STAY FOR A LITTLE WHILE
Dieting WALK AWAY
Exercising WALK AWAY
Calendar of events
Today Fit Girlz workout, 5:30 a.m., Back 2 Basics Fitness Center. $5 jewelry sale fund-raiser for scholarship fund, 6:30 a.m. to 6 p.m., Saint Mary’s Regional Medical Center, Cafes 2 and 3.
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