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Keith Prater
122 followers -
Trial Lawyer and Counselor
Trial Lawyer and Counselor

122 followers
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The dense ‘Forest’ of Valuing a Road Wreck Collision Case©
Keith Prater – 770-253-7778

Is it a guess? No, but it is not exact.
The law we created and approved says the value is what an impartial fact finder honestly seeking the truth decides is a proper amount after having his or her conscience enlighten by the facts.
The law – our collective societal judgment – says there are a lot of variables to be considered in determining the cash value of PAIN and SUFFERING. It is all about cash. We as a society don’t trade in chickens, cows, pigs or produce. Our currency is cash. Have you tried to pay your insurance premium in potatoes lately. The sanctimonious “churchy” fake attitude that it’s “filthy lucre” to consider judging that someone that got hurt should get money is the mind of a cult member not a United States citizen.
Suffering as a matter of law includes a whole host of categories, shock, worry, fear, interference in daily living, physical pain, nightmares, dwelling on what happened, the list is long. A sworn juror is mandated to consider each category and to award an amount for each category.

A Neck Injury
Neck injuries are chronic. If you don’t believe that then you have never suffered a neck injury and you don’t know anyone that has. The overstretched tendon, ligament, muscle, … hyper-extension injuries are bad … but they are soft tissue injuries and heal up pretty well after a time. It is later on that reinjury can bring it all back to the original injury. So a years later re-injury has to be a variable in contemplating how much money an injured person should get under the law for “future issues” with the injury, NOW!

The “I could care less” Insurance Trust
There are no such thing as "insurance companies". There is one Insurance Trust and the tentacles therefrom (the cute commercials and all are one big colluding group of actuaries and money managers). The Insurance Trust wants to base its offers on how much medical treatment was given. Our Insurance Commissioner (s) should not allow it – but he/she does … the why about why a governmental agency would tolerate a trillion dollar insurance trust to act in bad faith like that would require a book and will not be addressed here, other than to say that this question and the statement that there are no separate “companies” in a Trust [insurance is exempt from anti-trust law and therefore they legally collude on all things concerning money] provide the baseline if inquiry.
It is the Insurance Trust that fuels lawsuits having to be filed to enforce good faith, not claimants. The Colluders do it so the Trust can assert Tort Reform laws have to be passed because there are too many lawsuits. The Insurance Trust spends hundreds of millions to spread disinformation about integrity and honesty. It is phony baloney. The first “adjuster” on a case is limited in authority to settle, yet asserts he or she is 'just the best most honest person in the whole World ...' but in reality that person is almost always a nitwit who doesn’t have a clue and who is reading off a script – which is a violation of insurance regulation as a nitwit as a matter of law acts in bad faith.

Calculating Fair Damages
A Plaintiff’s lawyer – an experienced trial lawyer not a weekend fisherman on a pier dreaming about snagging a 200 pound tuna, i.e. a lawyer who doesn’t try cases and therefore doesn’t know how to put together a winning case, will prepare a claim ready to file a lawsuit – because the Insurance Trust will not negotiate in good faith on anything other than a clear case of injury well over it policy limits. Sorry but you Pollyanna dreamers who think the nitwit on the other end of the line who sounds so nice and sincere but who is actually reading from a script, is acting in good faith, should hang up and immediately call me or a tried and true plaintiff’s lawyer or firm. Yes, some of the prominent TV lawyers are good – I hedge on the statement because it is all about training – is the newly minted lawyer you will get to talk to, properly trained or is the TV law firm overwhelmed and can’t handle the volume and training of its new “ground zero” ‘doogie howzer’ associates? If you call me and I have a bunch of new cases I am going to refer you to someone I know is a real Plaintiff’s lawyer, and if that lawyer is too busy with new cases he or she will do the same ... and so on.
Good Luck and Godspeed. Keith Prater, 770-253-7778

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Is it preponderance, 55%, 65%, 62.5% ... lets all go down the rabbit hole and ask the mad hatter

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Excited about the hunter's moon tonight
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A good simple article ... get your work truck covered.

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I think I am posting a pretty good Facebook page. If you agree please feel free to like it. Thanks and if you do, may you be blessed with Love, Joy, Fun, Good Health, and Prosperity in 2017.
#KeithPrater ; #Newnanlawyer ; #PeachtreeCityLawyer ; #Prosperity ; #Love
https://www.facebook.com/Pratlaw

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Try this again ... #keithprater; #newnanlawyer ...

Here is a blog I get around to posting on once every year or so ...
Man does time fly!
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