June 2, 2011
Continuing Trend With Car Insurance Companies
By Clayton HasbrookI talked with a mediator last week about car accident lawsuits/settlements in general. This won’t come as a surprise to most car accident attorneys, but he confirmed what we’ve been experiencing for a while. In general, they are not offering a reasonable settlement (if they ever offer a settlement) until shortly before a trial date.
So, basically:
- No reasonable offers are made before a claimant hires an attorney
- Claimant is then forced to hire an attorney to try to get some type of fair compensation (most people hate lawsuits and don’t want to get involved with one)
- The insurance company continues “low ball” settlement offers
- A lawsuit is then filed, and the case proceeds on the trial docket
- The insurance company continues the low settlement offers – even at mediation (which in turn becomes a waste of time and money because they didn’t have any plans to actually settle the case at that time)
May 9, 2011
Jury Fee at Motion to Enter?
By Clayton HasbrookDo I have to pay the jury fee at the time I file a motion to enter or can I pay it later?
Assuming you still prefer a jury trial, you’ll need to get it paid before the pre-trial conference. Take a look at 12 O.S. § 152.1(B). The case may settle between the date the motion to enter is filed and the pre-trial conference, so there’s no hurry to pay the $349 immediately.
January 3, 2011
Friendly Suit Checklist
By Clayton HasbrookAny attorney that has handled a case with someone under the age of 18 knows that a friendly suit needs to be filed – even to approve a settlement (if it exceeds $1,000). The statute that applies is 12 O.S. § 83.
Here’s a checklist we often use at our friendly suit hearings: Friendly Suit Questions.
For those interested, here’s the actual statute, 12 O.S. § 83:
A. Monies recovered in any court proceeding by a next friend or guardian ad litem for or on behalf of a person who is less than eighteen (18) years of age in excess of One Thousand Dollars ($1,000.00) over sums sufficient for paying costs and expenses including medical bills and attorney’s fees shall be deposited, by order of the court, in one or more federally insured banking, credit union or savings and loan institutions, or invested by a bank or trust company having trust powers under federal or state law, approved by the court; provided, that the court may approve a structured settlement, by the terms of which the proceeds of a settlement may be invested by the plaintiff or the defendant in an annuity to be paid to or for the benefit of the minor by an insurance company licensed in this state.
B. Until the person becomes eighteen (18) years of age, withdrawals of monies from the account or accounts shall be solely pursuant to order of the court made in the case in which recovery was had.
C. When an application for the order is made by a person who is not represented by an attorney, the judge of the court shall prepare the order.
D. This section shall not apply if a legal guardian has been appointed for the minor prior to any award of monies pursuant to subsection A of this section. If a legal guardian is appointed after any award of monies pursuant to subsection A of this section, the legal guardian may petition the district court in the county where the federally insured funds are held for an order directing the bank, credit union or savings and loan to transfer the funds to the legal guardian. The district court may make the granting of the request to transfer funds subject to reasonable safeguards.
November 17, 2010
Oklahoma City Car Accident Petition
By Clayton HasbrookHere’s a basic car accident petition we use. Obviously, the pleading requirements are different for a case with over $75,000 in damages.
October 26, 2010
Personal Injury Work Flow Checklist
By Clayton HasbrookHere’s a *very* general outline we use for personal injury cases: Oklahoma City Personal Injury Lawyer Work Flow. Obviously, the work flow is different for cases involving the Oklahoma Governmental Tort Claims Act.
October 21, 2010
Summary Judgment in Oklahoma County District Court: How long to respond to a Motion for Summary Judgment?
By Clayton HasbrookTake a look at Local Rule 13 b.: “Any party opposing summary judgment or summary disposition of issues shall file with the court clerk within fifteen (15) days after service of the motion a concise written statement of the material facts as to which a genuine issue exists and the reasons for denying the motion…”