1. Is it ethical for an attorney to take cases where he knows he can't get 3x medical bills?

The rule of 3 x medical bills evaporated over 10 years ago. Insurance carriers have placed significant resources into fighting 'soft tissue' [i.e. chiropractic] cases. Juries are less sympathetic.

But you are correct in that an experienced attorney should "know" in advance the value of a case when he signs it up. If he uses a practical matrix, the attorney should know in advance how much the case will settle for and how much the doctor will get paid.

Better talk to your attorneys at the beginning of the case.

2. Is it ethical for me to take a cut in order to keep the attorney happy so we will get referrals?

This is a much tougher question.

You may reduce your fees. But if they are reduced so that you cannot earn an honest living and you are resentful, it’s not worth the effort. Of course, it’s against the law to agree beforehand to any attorney how much you will cut your fees, because that implies you are deliberately overcharging your fees to fool the insurance company.

3. Do you agree that the settlement should be for bills first and the patient’s profit last?

The insurance company argued to the jury that Choi could not have gotten hurt because there was insufficient force to cause any injury. The damage to Choi’s car was $1484. Her medical bills $3960 DC + another $666 in medicals. She claimed headaches, neck and low back pain. Demand was for $10,000, but the offer was for $501.

The Jury awarded only $400. Because the award was below defendant’s offer the Judge could have ‘taxed’ all defense costs [over $10,000] to Choi. Instead, Choi agreed to PAY defendant $1000, so she would not get sued later by the winning defendant.

LESSON

1. Juries are tired of hearing about only generalized neck and back complaints;
2. If the plaintiff is younger and healthier looking than the Jury, expect trouble;
3. Overcoming presumption that no one got injured….must be overcome with bio-mechanical expertise.

SHAWN STEEL’S SPEAKING SCHEDULE: All DC’s always invited

CCA-CHIROPRACTIC DISTRICTS
Featuring THE “P.I. MATRIX” ©

CCA-LA Metro District 12/01/2005
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