Severe Lack of Compassion - BMW Luxury Touring Community
 
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post #1 of 22 Old Mar 27th, 2008, 1:13 pm Thread Starter
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Thumbs down Severe Lack of Compassion

Just another example why NOT to shop at Wal*Mart


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post #2 of 22 Old Mar 27th, 2008, 1:32 pm
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Re: Severe Lack of Compassion

I would expect WM to have recourse to the funds paid for "medical" costs. Period. That seems fair if all along WM was paying the tab for her medical care caused by the TRUCK. But to go after the pittance they have to "live" on.. well, that's not right...

Seems to me whoever they "paid" from the settlement for medical costs needs to fork it over...

Goes to show if you have the $$$ you are always right.

...............
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post #3 of 22 Old Mar 27th, 2008, 2:22 pm
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Re: Severe Lack of Compassion

So the family receives $417K from a $1 million settlement. How come no one's pissed at the lawyers for taking well over half the money?

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post #4 of 22 Old Mar 27th, 2008, 2:23 pm
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Re: Severe Lack of Compassion

This is not an uncommon term in health insurance plans--although often there are limited to the portion of the award or settlement directly attributable to the medical expenses. Many States also require the insurance provider to reduce the amount by the percentage of the attorney fees that were actually paid in obtaining the award or settlement.
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post #5 of 22 Old Mar 27th, 2008, 2:29 pm
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Re: Severe Lack of Compassion

Quote:
Originally Posted by meese
So the family receives $417K from a $1 million settlement. How come no one's pissed at the lawyers for taking well over half the money?
+1... but I didn't think I HAD to mention that.. =) Consider that point resolved.

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post #6 of 22 Old Mar 27th, 2008, 7:56 pm
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Re: Severe Lack of Compassion

So the slime ball lawyer took over half. Let's see, they probably signed a 40% contingency plus expeses agreement so that's where it went. They should have shopped around. On a contingency deal, most personal injury lawyers (the real bottom feeders) will be happy to play for 30% to 1/3rd including their costs. This guy F**ked them, plain and simple.

As to the Wall-Mart deal, unfortunately that is what you get with "low prices, every day, always" or some shit like that. You can't have it both ways. We as consumers have the choice and we made it. We chose the lowest possible prices that drive local merchants who provide good jobs with reasonable pay and benefits out of business. We, as a group might whine about big bad Wally World, but we all continue to shop there.

Off my soap box now.

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post #7 of 22 Old Mar 28th, 2008, 1:31 am
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Re: Severe Lack of Compassion

Quote:
Originally Posted by meese
. How come no one's pissed at the lawyers for taking well over half the money?
He didn't get all that. They had to pay taxes on the full 1 mil, then the lawyer gets his % (which he has to pay tax on too) and they are left with ...peanuts.
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post #8 of 22 Old Mar 28th, 2008, 2:05 am
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Re: Severe Lack of Compassion

Quote:
Originally Posted by Morley
He didn't get all that. They had to pay taxes on the full 1 mil, then the lawyer gets his % (which he has to pay tax on too) and they are left with ...peanuts.
You mean the guv'mt took a huge cut, too? Figures. It's hardly worth getting hit by a truck these days.

Damn, now I'm starting to sound like our own DoD.

As for shopping at WalMart, you can't really blame the masses. It's well known that the piped-in music is addicting . . .

Ken
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All lower 48 states plus Alaska on the K13GT in two weeks . . .

Some people see the gas tank as half empty. Some see it as half full. All I care is that I know where the next tankful is coming from...
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post #9 of 22 Old Mar 29th, 2008, 6:02 pm Thread Starter
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Re: Severe Lack of Compassion

has anyone actually sent an e-mail to these asshats to complain?


I did, but how many more will actually follow through....

Mark Conlogue
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I take Life with a grain of salt......and a slice of lime and a shot of Tequila
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post #10 of 22 Old Mar 30th, 2008, 7:48 am
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Re: Severe Lack of Compassion

Quote:
Originally Posted by mconlogue
has anyone actually sent an e-mail to these asshats to complain?


I did, but how many more will actually follow through....
WM is the armpit of this country, more and more of our US jobs are being moved south of the border. Take a look next time when are fiddling through your home town and I bet you can't count the # of manufacturers that have closed in the past 2 decades.

WM will continue to discriminate against all of their employees. They could care less!

Next time you shop at WM, and you look at all of the chinese and mexican-made products that you are fixing to purchase, your next door neighbor can thank YOU for loosing his good-paying job!

Brett
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post #11 of 22 Old Mar 30th, 2008, 8:46 am
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Re: Severe Lack of Compassion

I know this is kinda "besides the point", but that is one of the strangest written articles I've ever read. It doesn't mention Wal-Mart until the end of the 4th paragraph. I find that a bit odd. The author felt the need to play the 'son was killed in Iraq' card first, before getting to the topic of the article. I had a hard time reading anymore of the article once I realized that.
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post #12 of 22 Old Mar 30th, 2008, 8:48 am
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Re: Severe Lack of Compassion

Quote:
Originally Posted by pkpr1998
Next time you shop at WM, and you look at all of the chinese and mexican-made products that you are fixing to purchase, your next door neighbor can thank YOU for loosing his good-paying job!
Brett, Brett, Brett. You can thank the American unions for that!

And by the way ... I have two American cars in my garage. What you got?!?!
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post #13 of 22 Old Mar 30th, 2008, 11:33 am
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Re: Severe Lack of Compassion

Quote:
Originally Posted by Morley
He didn't get all that. They had to pay taxes on the full 1 mil, then the lawyer gets his % (which he has to pay tax on too) and they are left with ...peanuts.
You don't have to pay taxes on a medical settlement like that. Reason being is that these settlements are not considered "INCOME" they are reparations.
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post #14 of 22 Old Mar 30th, 2008, 2:43 pm
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Re: Severe Lack of Compassion

What really puzzles me about this situation is that Wal Mart is, in all likelihood, a self-insured entity. They would have the same right of subrogation against the trucking company as an insurance company would have against the party at fault (the trucking company) for recouping the money they paid for this woman's medical bills.

Wal Mart should have gone after the trucking company for their direct costs associated with this employees medical claim. Had Wal Mart taken this action and recovered their costs, the injured woman could have kept her award, less attorneys fees.

Instead Wal Mart apparantly chose to sit on its collective ass and let this woman and her family suffer through several years of interrogatories, depositions, and all the other bull---- that accompanies situations such as these, then swoop in and take everything that remained. The injured woman probably did not have to front her attorney a retainer to take her case as personal injury suits are generally taken on a percentage-of-settlement basis, so, fortunately, she didn't have the added financial burden of paying an attorney on an hourly basis.

Wal Mart would have had to pay for attorney's fees right from the git-go and would have incurred substantial legal fees (substantial only to you and me) and, thus, would have recovered a reduced net amount.

Did WM have a legal right for their course of action?.......Yes. Were they morally wrong to take that action?......I say, Yes.

It truly warms the soul to have such a sympathetic and concerned corporate citizen among us; apparantly goodwill isn't considered a worthwhile business endeavor.
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post #15 of 22 Old Mar 30th, 2008, 2:53 pm
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Re: Severe Lack of Compassion

Quote:
Originally Posted by DakotaDude
... Instead Wal Mart apparantly chose to sit on its collective ass and let this woman and her family suffer through several years of interrogatories, depositions, and all the other bull---- that accompanies situations such as these, then swoop in and take everything that remained. The injured woman probably did not have to front her attorney a retainer to take her case as personal injury suits are generally taken on a percentage-of-settlement basis, so, fortunately, she didn't have the added financial burden of paying an attorney on an hourly basis.

Wal Mart would have had to pay for attorney's fees right from the git-go and would have incurred substantial legal fees (substantial only to you and me) and, thus, would have recovered a reduced net amount.

Did WM have a legal right for their course of action?.......Yes. Were they morally wrong to take that action?......I say, Yes.

It truly warms the soul to have such a sympathetic and concerned corporate citizen among us; apparantly goodwill isn't considered a worthwhile business endeavor.
The corporate entity of Wal-Mart (and every public company) will hide behind the skirts of "their duty to their shareholders", or some other such BS. If it is good for the bottom line -- and their quarterly dividends -- then there is no moral dilemma, in their opinion. Taking the action that results in the least expense to the corporation is what they must do.

Ain't rationalization a great thing?

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post #16 of 22 Old Mar 30th, 2008, 11:46 pm
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Re: Severe Lack of Compassion

WalMart blows. I choose not to shop there, I support my local hardware/grocery, etc establisments.....
Sam Walton is rolling in his grave.


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post #17 of 22 Old Apr 1st, 2008, 9:42 am
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Re: Severe Lack of Compassion

One thing that you need to consider when you are complaining about the fee the Attorney's received, is the fact that most of the time when an Attorney takes a case on a contingent fee, the attorney pays all of the expense of litigation as well. So he pays the cost of the experts, including Medical experts, witnesses, depostions, the cost of copying medical reports, and other court costs, including any fees for obtaining Local Counsel if necessary. Standard fee agreements allow them to recover those expenses if they win. BUT, if they lose, the attorney's get NOTHING. The most common fee schedule on contingency fee cases are for 1/3 of the recovery. However, if the case is appealed by the loser, most agreements allow for an additional percentage of the eventual recovery. Again, the Attorneys pay for the cost of the Appeal as well. I have been involved with several cases where the costs of litigation alone where over $100000. If you win, you get it back. If you lose you don't!
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post #18 of 22 Old Apr 1st, 2008, 9:45 pm
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Re: Severe Lack of Compassion

Quote:
Originally Posted by hschisler
The corporate entity of Wal-Mart (and every public company) will hide behind the skirts of "their duty to their shareholders", or some other such BS. If it is good for the bottom line -- and their quarterly dividends -- then there is no moral dilemma, in their opinion. Taking the action that results in the least expense to the corporation is what they must do.

Ain't rationalization a great thing?
(Yes, I've resorted to quoting myself, but you'll see why in just a moment. And sorry for the hijack, but it's kind of related.)

Just today our corporate management sent everyone in the company an email reminding us yet again to remain calm (my summary of their comments) and to remain focused on our daily projects. They announced that the board of directors is considering "strategic alternatives" but will not make any further comments on what those are until a decision has been reached. They did -- as predicted -- mention that everything was being done for the good of the shareholders! (no mention of the good of the employees...)

This is corporate-speak that acknowledges a recent Wall Street Journal that the bank is seeking a buyer, blah blah blah.

And for any National City-types who are monitoring this, the above info was made public in a press release this morning.


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post #19 of 22 Old Apr 2nd, 2008, 6:25 am
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Re: Severe Lack of Compassion

Quote:
Originally Posted by messenger13
Brett, Brett, Brett. You can thank the American unions for that!

And by the way ... I have two American cars in my garage. What you got?!?!
Well, at least they are not made in China or Mexico!

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2015 CCR-Coeur d 'Alene


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post #20 of 22 Old Apr 2nd, 2008, 8:24 am
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Re: Severe Lack of Compassion

Did anybody catch "her lawyer informed WM of her settlement"?

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post #21 of 22 Old Apr 2nd, 2008, 9:07 am
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Re: Severe Lack of Compassion

Quote:
Originally Posted by DaveDragon
Wally was getting too much negative publicity. Shame it had to come to that before they dropped the suit...

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post #22 of 22 Old Apr 2nd, 2008, 1:43 pm Thread Starter
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Re: Severe Lack of Compassion

they blew me off in a generic F*ck off e-mail, but i am glad they droppede it. I was going to post the reply, but figured the mods would dump it anyways.

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