QUOTE: Originally posted by mudchicken Railroad claim agents try to work out the most equitable solution that they can. Being that most railroads are self-insured, these folks work hard to minimize the damages and keep the lawyers as underemployed as possible. Most of these folks are very good and sometimes deal with some truly heartbreaking cases - I would not want their job. There are a few, like most places, that are rather dubious (sp?) in carrying out their work, we have nicknamed those folks "Quick Check Artists". [banghead][banghead][banghead]
QUOTE: Originally posted by gabe MP57313, Settlement is advantageous. Litigation is expensive; if it can be avoided by paying a plaintiff 80% of what he or she would have got in court, it makes a lot of sense for both parties. It helps the plaintiff because (1) it removes the risk that they will not recover, (2) allows them to take the money now instead of the 10+ years it can take to litigate the claim, and (3) it saves them the time, trouble and expense of getting a lawyer. It is good for corporations, because it provides them with certainty. Ask most business analyst, uncertainty is bad for business. If the corporation might have to pay $1 or $1 billion for a claim, it is hard for them to plan ahead and insure themselves efficiently. That having been said, there are some problems with the settlements because, often the future plaintiff is making decisions while being coerced by a professional who has no incentive to tell them how much they can collect for their damages. Sometimes corporations settle suits in good faith; often they hire someone whose sole purpose is to hose the other party as much as humanly possible. Finally, as to your remark about people dying always leading to litigation rather than settlement, your question answers itself. I know we all like to think of lawsuits as just a rapacious way to get money, but to a plaintiff who has lost a loved one because a corporation didn't take a safety procedure, it is so much more than just the money. A court of law's statement saying to the corporation "what you did is wrong, and now you must make the victim whole" is more than monetary recompense. There have been many people—Bill Cosby for instance—who have spent several tens of thousands of dollars in litigation for, literally, a $1 lawsuit. He does this because he wants society to tell wrongdoers that they are doing wrong. Even as a lawyer, I think settlements are generally good and should be encouraged. A defendant admitting fault to a victim and recompensing the victim voluntarily is a mark of a civilized society--and keeps money in the hands of business and victims and out of the hands of lawyers. That having been said, you should never fault someone for not accepting a settlement. Sometimes, it is more than money and the offered settlement on the part of the corporation is "less than forthright." A poster formerly known as "Gabe."
QUOTE: Originally posted by gabe Good point, I would like to think that a company with business savy could distance themselves from emotion to make a rational monetary decision. A poster formerly known as "Gabe."
QUOTE: Originally posted by jchnhtfd Oddly enough, it seems to me that most companies (and individuals!) (but unfortunately, not all...) who are involved in an accident where someone's property was damaged or someone was injured would much rather settle for what appears to be an equitable amount. As mudchicken says, the railroad claims agents do a pretty good job at this (except, of course, for the few...). However, as soon as a lawyer becomes involved (usually at his or her suggestion -- 'Oh you poor injured victim -- I can get you a lot of money from that company!') and greed sets in, the costs skyrocket. As in any other profession, though, before we all go jump on the lawyers, it is well to remember that the vast majority of lawyers are thoroughly ethical folks! But there are a few -- we used to call them 'ambulance chasers' -- who aren't...
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