Starbucks Lawsuit Winner Reveals $50 Million Verdict, Money Problems, and Controversy
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In a landmark personal injury case, an LA jury awarded $50 million to a delivery driver who suffered severe third-degree burns to his genitalia and thighs after hot coffee spilled into his lap at a Starbucks drive-thru. The incident occurred when a barista failed to properly secure the final cup in its cardboard carrier; surveillance video revealed that while two cups were seated correctly, the third was only partially inserted before being handed over. Upon receiving it, the momentum caused by stopping abruptly dislodged the improperly secured drink, leading to catastrophic injuries requiring skin grafts and reconstruction. Starbucks initially offered $30 million but refused settlement terms deemed insufficient for such severe trauma, ultimately facing a verdict that highlighted the critical importance of securing beverages in cup holders rather than relying solely on temperature controls or lid integrity as primary safety measures. The legal battle was marked by significant obstruction from Starbucks regarding evidence disclosure and flawed defense strategies. The law firm representing the client faced an initial refusal to produce surveillance footage until after their own deposition, a tactic intended to catch inconsistencies in the victim's memory of events that occurred within 1.4 seconds. After successfully filing a motion to compel discovery, the court sanctioned Starbucks with a $7,000 fine for non-compliance—a sum the firm humorously used to buy coffee for its staff until it ran out. During trial, which was televised on Court TV Network (CVN), defense experts attempted absurd counter-narratives by blaming the victim's dog or suggesting he dropped the cup himself; however, these arguments were dismantled when a Starbucks manager admitted during testimony that a drink not fully seated in the carrier is inherently unsafe and would be her fault if it spilled. The case drew comparisons to a famous 1990s McDonald's lawsuit regarding coffee temperature but distinguished itself by focusing on liability for improper cup placement rather than just heat levels. While defense attorneys attempted to attribute the victim's subsequent erectile dysfunction to his pre-existing Type 1 diabetes, medical experts and jurors rejected this argument as ludicrous given that such complications typically take decades to manifest in a young adult without prior history of sexual issues. The jury was further incensed by the blatant disregard for safety protocols demonstrated by Starbucks' staff and management, leading them to award damages far exceeding initial offers. This verdict underscores how litigation often drives corporate accountability, forcing businesses like McDonald's and others to improve their operational standards regarding hot beverage temperatures and cup security mechanisms following such high-profile incidents. Beyond the specific details of the Starbucks trial, the discussion covered broader principles of personal injury law, including statutes of limitations which vary by state—two years for liability in California versus three for property damage—and the economic realities of insurance defense cycles where carriers oscillate between aggressive litigation and generous settlements based on their financial reserves. The host emphasized that successful claims often depend not just on clear-cut liability but also on how quickly victims seek medical attention to counteract insurer arguments about delayed treatment, noting that even minor impacts can lead to catastrophic outcomes like paralysis if injuries are ignored over time. Furthermore, the conversation touched upon wealth management and happiness thresholds, suggesting that financial security provides significant peace of mind up to a certain point before diminishing returns set in, with many experts agreeing that having enough assets to cover potential lawsuits or medical emergencies is more valuable than accumulating vast fortunes for luxury items like exotic cars or private jets.
Read the full video transcript
So, he pulled into the
drive-thru. Seconds later, he was
screaming in pain. Starbucks ended up
offering 30 million, but that wasn't
enough for us to take it. And what was
Starbucks primary defense? You wouldn't
believe the courtroom strategies of one
of the most powerful corporations in
America. Surveillance video from inside
the drive-thru shows one of the three
cups was not properly secured onto the
container before the barista handed it
to him. Things wouldn't be safe without
lawsuits like this. You know, the
temperature of coffee at McDonald's is
lower, right? People are going to do a
better job putting cups into these cases
now. Everything is safer in the world
because of lawsuits like this. What's
the price of pain? What's the price of
disfigurement? What's the price of
sexual dysfunction? And in this case,
that price was $50 million. An LA jury
has hit Starbucks with a $50 million
verdict after a customer suffered
thirdderee burns to his genitalia. They
had a couple different angles on what
they thought caused the the spill. And
it's the most frivolous stuff I've ever
seen. Let me tell you, at what point is
this legal extortion? If you think
that's extortion, you haven't seen what
they're getting away with.
Mike, thank you so much for coming on
the Ice Coffee Hour. Yeah, of course,
man. Happy to be here. So, what exactly
happened in the Starbucks case? So, the
kind of short version of the story is
our client was a delivery driver. So,
you know, like Door Dash, GrubHub. Um,
he went to a Starbucks to pick up three
medicine balls. So, it's like a tea with
lemonade. I don't know if you're
familiar with that drink. Um, and when
he went through the drive-thru, the
barista didn't secure the third drink
properly. And when the handoff happened,
uh, the drink fell into his lap, caused
severe thirdderee burns to his penis and
his thighs. Um, and eventually the case
went to trial and we got a verdict of
$50 million. And you were the primary
lawyer representing him. So there were
two law firms involved. So we were the
initial law firm that took on the case.
So we got the call, he found us online.
Um, he let us know kind of what had
happened. He'd already been in the burn
center and had gone through the skin
grafts. He already gone through a lot of
the reconstruction of his uh genitals.
Um and then we signed up the case. Uh
the hard part about signing up these
cases is is a lot of times people don't
know the victims have no idea what
happened, right? So when you have, you
know, hot coffee fall on your lap, um
things happen so quickly that it's hard
to tell like did it fall out of the cup
holder? Did the cup holder break? did
the handoff, you know, happen too
quickly? So, you know, we had to kind of
evaluate the case and figure out it was
something worth taking. And because of
the severity of the injuries, we decided
to kind of move forward and investigate.
Um, so our firm filed the lawsuit. Our
firm uh did all the discovery, the
depositions,
um, and we had actually filed a motion
to compel to get the video. So,
Starbucks was uh concealing the video.
We can talk about that more later, but
it ended up being a huge issue in the
case. Um, and then I have a co-consel.
His name is Nick Raleigh. Stellar trial
attorney. So, when it got to the point
where we went to trial, Nick, you know,
joined up with us and then we all
handled the trial with Nick being lead
counsel on that. So, I'm so curious,
what were your first impressions when
this person calls in and shows you the
injuries. So, you know, we didn't see
the photos initially. I remember the
first time I got the call, I think I was
like at dinner with my family. Um, and
he was explaining what happened, right?
Told me, you know, it spilled on him. He
had severe burns to his genitals. Uh but
it wasn't until I actually got the
photographs and saw what happened that I
understood the magnitude of how severe
the injuries were. So, you know, a lot
of people in the news will see, hey, he
burned his genitals. Hey, he had
thirdderee burns to his thighs, but
until you actually see the photographs
of what happened, it's really hard to
understand how serious those injuries
are. Um, so, you know, my initial
impression was I don't know if there's
going to be a liability issue here. I
don't know if liability is clear. I
don't know if liability is, you know,
going to be hard to get. But because of
how serious the injuries were, we were
willing to take it on. We were willing
to investigate. We were willing to file
a lawsuit and find out what happened.
How long does it get it take to get the
tapes? Okay. So, this was like a whole
issue with the case, right? So, we did
what's called a request for production.
You guys familiar with what that is? So,
in the litigation process, you get
what's called discovery. So in discovery
there's form interrogatories which is
asking questions there's request for
admissions where admit you did x y or z
and there's request for production which
is turn over you know documents or video
right so at the time Starbucks had a
firm that was very obstructionist they
were very well known for not playing
ball they were very well known for
hiding things and I think what Starbucks
strategy was was to wait until our
client's deposition to turn over the
video because they were hoping that he
would say something that was wrong that
when we saw the video we would know is
incorrect. Because the thing is is that
when you go through a traumatic event,
your memory is not very good. You know,
if you were out and you got shot, for
example, to know what happened in the 30
seconds preceding being shot, I mean,
it's going to be a blur for you. You're
going to have wrong information. I mean,
even 10 people who see the same event
see different things. So, we did a
request for production of the video. We
did what's called a meet and confer. We
sent them a letter when they didn't
produce it. and they refused to produce
the video. So, we had to go to court and
we had to file a motion to compel. And
what that is is that's where the court
orders the company or the other
individual to turn over a document. So,
we got a motion to compel out. We got
them sanctioned where they were
basically fined for not playing ball.
And the funny thing is is that they
didn't turn over the video until the day
after deposition. So, they were just
really their game plan. It was 7 months
from when we made the request to the day
after deposition that they turned it
over. And um you know the funny thing is
is they got sanctioned
$7,000 and we took that $7,000 and we
bought Starbucks for our office until
the $7,000 ran out. So every day in the
morning, right, we would take a
Starbucks order from all of our staff
and I have 40 people who work for me and
you know, maybe it was like a few
hundred a day, right? And we used th
that $7,000 to get Starbucks for like a
month for our office. But that was like
one of the biggest hurdles in the uh the
case. So that video is what you know
essentially won the case for us because
without that video, it's really just our
client's memory versus the memory of the
barista. So let me get this straight. So
they thought it was cheaper to spend the
$7,000 fine and potentially have your
client screw up in something and then
they got a gotcha moment and if they
didn't then they're only out $7,000.
Well, what they were hoping is my client
would say, "I'm not really sure how the,
you know, cup fell, right?" Because it
all happened fast. He was handed the
cup, right? Within 1.2 seconds, the cup
had fallen over and onto his lap. And
they didn't know if he would say, you
know, I dropped the cup or that the
holder broke or that the cup fell out.
And they were hoping that he would say
something that could impeach him later.
And by impeach, what I mean is, you
know, attack his credibility. But the
funny thing is is that what he remembers
is irrelevant. because we have video,
right? We don't need his memory to
figure out what happened. All we need is
the video. And the video is extremely
clear. So once we got the video, we knew
we had something really good. The video
is shocking. Have you seen the video?
Yeah. So for the people who haven't seen
the video, you know, I'll explain it
kind of briefly. So there is a cup
carrier. Have you seen those like
cardboard cup carriers that they have at
Starbucks? And it's about 2 in deep. So
what happens is when you put a drink in,
it goes 2 in down into the carrier. the
carrier grabs the drink and kind of
holds it tightly and then when you hand
it to someone it's not gonna move. You
could shake it, you can twist it, you
can, you know, tilt it like it's not
going to go anywhere, right? So, in the
video you see the barista who's getting
three drinks. She takes one drink, puts
it in properly, two drinks, puts it in
properly, third drink, puts it down
maybe a/4 to half an inch. Right? Then
when she hands it over to our client,
Mr. Garcia, you see her pass it through
the window and then he takes it. And
when he takes it, you know, the momentum
of stopping when you receive it and kind
of stop caused the third drink to fall
over, right? And then that third drink
falls over into his lap. And you know
that it was the cup holder not holding
it well because the other two drinks
didn't move. He grabbed him. He pulled
him into his chest when he got burned.
You know, he's in pain. It was kind of a
reaction. and then he drove forward cuz
his foot hit the gas. Um, but it's super
apparent that the reason it fell out was
it not being pushed in all the way. So,
I'm curious, what was the barista's
reaction to this? Were you able to talk
to her and get her side of the story?
So, we took depositions, right? The
barista really doesn't remember a whole
lot. And the same thing with our driver,
right? All of this happened in a couple
seconds. So we went frame by frame to
look at how fast things occurred and
from when she handed it to him from to
when the spill happened was a matter of
like 1.4 seconds. Like if you go frame
by frame it's literally 1.4 seconds. And
the reaction time of a human is very
very very short. It wasn't fast enough
for him to receive it and react in any
way whatsoever. And in trial we had a
you know biomechanic who basically said
look this is the reaction time. This is
what happened. uh this is the you know
what chance he had to make any
corrective action but at the end of the
day the liability is because Starbucks
didn't secure the cup into the holder
properly. What happened to the barista?
I I have no idea if she got fired or not
but the manager was called to the stand
and this was a hysterical part of the
trial. Right. So all of this trial was
televised on CVN which is a uh court you
know TV network that you pay a
subscription for. some of the biggest
trial attorneys, you know, in the world
are televised on their trials. And so
they had the manager there and Nick, you
know, the partner who I had on the trial
who uh, you know, tried the case. Um, he
goes up to her and he's like, "I'm going
to put one drink in. I'm going to be put
two drinks in." And then he put the
third drink in kind of halfway and he
goes, "Is this safe?" And the manager
grabs the drink, pushes it down all the
way, and goes, "It is now." Right? Like
totally making our case, right? She
basically said like if it's, you know,
not down all the way, it's not safe. And
then he goes, you know, would you hand
it to me if it wasn't in all the way?
And she goes, pushes it down now. I
would, right? But then she hands it to
him and he goes, if I spilled it at this
point, would it be my fault? And she
goes, yes. So, you know, I don't know
what the Starbucks official policies
are, but there's kind of this unspoken
thing that, you know, we kind of see
where once the drink is passed to the
customer, they blame the customer for
anything that happens after that point.
And what about the manager going up
against her job like that? Did she get
fired or was there any repercussion for
her? I don't believe she got fired. And
I think she was there called to be one
of their witnesses, but ended up helping
us instead. Right. because you can't say
that a drink sticking out halfway is
safe. And the crazy thing is is that
they hired um an expert to make a
reconstruction of the events, a video of
the events. And you know, they had the
handoff, they had the cups in the tray,
they had the spill, they had our client
in the car, which first of all was funny
because it was supposed to be an
accurate representation. And you know,
our guy is a a Filipino man. And the
person in the car looked like Jack
Reacher. He was this like jacked white
guy, right? who's like receiving the
beverage, right? Like looks nothing like
our client. It's supposed to be
anatomically correct and like all of
the, you know, physics are supposed to
be correct, but they have some dude
who's like the 62 jack, you know, guy
and we have, you know, a smaller
Hispanic male, right? Or I mean a
Filipino male. Um, so, but in their
experts own video, it shows the cup. It
shows two of them in 100% and then one
of them in kind of halfway. And so they
had a completely different defense,
right? They had a couple different
angles on what they thought caused the
the spill. And it's the most frivolous
stuff I've ever seen, let me tell you.
Um, they try to blame his dog, right? So
he had a dog in the backseat of the car,
went to the front seat, kind of moving
around a little bit, right? There's no
policy from these rid share programs
about animals in the vehicle, right? Or,
you know, these food delivery services.
And the funny thing is you can kind of
see the dog in the video and you can
kind of see like to the side of him the
the dog's tail or body, right? You see
the dog makes no contact whatsoever with
our client. And so they try to say,
"Well, we don't know what the dog was
doing. It could have been the dog. You
know, you can only see the dog
partially." Um, you know, they don't
even talk about the cup being out
halfway. So, it's crazy that Starbucks
is trying to blame his dog on the spill.
And Nick, who was, you know, the one
trying the case, you know, my partner,
he goes, you know, he was a good boy.
The dog was, you know, in his closing
argument, the dog was a good boy, and
they're trying to blame the dog. And
because it was so ridiculous that they
were trying to, you know, blame the dog
for this. Um, and their other defense uh
was that he took his hand off the uh
container when he received it. So,
they're saying he received the
container, took his hand off, and that
caused it to spill. But, you know, that
doesn't make sense either because the
other two cups stayed into the cup
holder, right? How are those cups
staying in the cup holder and then the
other one fell out if you know it was
just his hand coming off and not them
being put in improperly? How much of
this was due to the temperature of the
tea? So, obviously the temperature of
the tea caused the actual injury, right?
But the temperature of the tea is not
really the angle that we were looking at
for liability, right? It was more the
fact that they didn't secure the coffee,
right? Or sorry, the tea, right? We
weren't saying it was a lid. We weren't
saying it was the temperature. What we
were saying is that there was a cup
holder. They didn't put it in the holder
properly. The manager had to push it in
to make it safe, right? And when they
handed to it to him, it fell out, right?
Um, now there is an old McDonald's case,
which I don't know if you've heard of,
right? That was in big news in the '9s.
And that McDonald's case was all about
temperature. So people are trying right
now to compare that McDonald's case to
the Starbucks case, right? And they're
completely different. The only thing
they have in common is that it was a
beverage that was hot, right? So you
know what do you guys know about that
McDonald's case? You know anything about
it? It was like scalded her. Yeah. Yeah.
But it wasn't like past 200° or it was
at a temperature that it should not have
been. That's my understanding. I could
be wrong. It was all a temperature
issue. So she actually spilled it on
herself. So that's that's the part
that's completely different from our
case. She didn't, you know, have them
spill it on her. It wasn't a lid issue,
right? She spilled the coffee on
herself. But the difference was is that
the temperature of the coffee was so hot
that it only took a second or two to
cause thirdderee burns. Now, at the
time, I think they had done a study that
the average coffee temperature was like
140° at most places. I think at the
time, and you know, don't quote me, but
it's a pretty accurate was around 180,
190°. And because of that, you only had,
you know, 2 seconds, 1 second to wipe it
off. And it gets, you know, absorbed by
your clothing. It sits on your body. You
can't wipe it off once it, you know,
your clothing's absorbed it, right? And
so they they look at every 10° you bring
it down. At 10° less, you have like 10
seconds. At 20° less, you have like 15
seconds. 30, you know, you have like 20
30 seconds. So you could keep the
temperature at a reasonable temperature
for someone to enjoy a coffee, but also
low enough that someone can also, you
know, wipe it off of them if they get
burned. And all of it was a business
decision. McDonald's wanted to make sure
it was warm for their customers. They
knew their customers preferred hotter
coffee. When people would pick up a
coffee and drive to work, it would still
be warm when they got there. So, you
know, the argument in that case was all
about how hot the coffee was, right?
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episode. Yeah. So, in the Starbucks
case, it wasn't a $30 million offer. It
was a $3 million offer. Right. So before
the case started, there's something
called a 998 offer, right? It's a code
of civil procedure 998. And what that
says is if you make an offer that's like
an official statutory offer and you beat
that offer at trial, you get 10% a year
interest until uh the verdict is paid.
So from the date of tri uh the date of
the offer till the verdict, right? And
when the verdict's paid, you get 10% a
year, right? So they made an offer of 3
million, a98 offer, right? and we made
one I think it was around $19 million
right so both sides kind of set their
like boundaries so if we beat 3 million
right um or sorry if we beat uh 19
million we would get our interest of 10%
a year and all of our costs and if we
got under 3 million we would owe them
all their interest and costs and if it
was in between right you know nothing
happens to anyone um so that's kind of
like the stage set for pre-trial then we
got to trial during trial at some point
They offered what's called a high low of
1020. What that is is that they agree
regardless of the outcome, the lowest
they'll pay is 10 and the highest we'll
get is 20. So if we got a verdict of 5
million, they'd still pay us 10. If we
got a verdict of 100 million, they'd
still pay us 20, right? And we didn't
agree to that. Then the case kind of got
tried and it was what's called a
bifurcated trial. So it's a trial that
they have two phases. There's liability,
right, and there's damages. So the
liability phase was a week. The jury
found 12 to zero that Starbucks was at
fault. The second phase of it was the
damages phase where we only put on uh a
trial about damages, right? Um and then
that was a week and that's when we got
the 50. So when the jury was out
deliberating on the damages, Starbucks
offered 30 million. Now we would have
been willing to accept it on a few
conditions. So we wanted an apology,
right? An official apology. We wanted
them to change their practices to
protect the public. You know, part of
these lawsuits and, you know, a lot a
lot of the public has issues with them,
but really things wouldn't be safe
without lawsuits like this. You know,
the temperature of coffee at McDonald's
is lower, right? People are going to do
a better job putting the, you know, the
cups into these cases now. Everything is
safer in the world because of lawsuits
like this. And if we allowed them to
keep it confidential, if we allowed them
to, you know, keep it a secret, then
none of this stuff changes, right? No
one would know that this happened, no
one would know that things need to be
fixed. So our client, especially because
it ruined his life, was adamant, right?
It was our client's decision that he
wanted them to do the right thing. So we
turned it down, right? We turned down
the 30 million. And I'll tell you,
that's scary to turn down 30 million. A
jury could give five, a jury could give
15, right? Jury could give a h 100red.
Um, but we we trusted on the jury. You
know, we thought that they would do what
was right, what was just, and we got 50
million when they came back. Why
wouldn't Starbucks apologize? It's a PR
thing. I I think, you know, I can't say
for certain, right? I don't want to say
any of the things I'm saying are facts.
These are all speculation, but you know,
if they apologize and it comes out they
paid 30 million, think about how many
other people are going to pursue
Starbucks, right? Like even since this
verdict, I've gotten a million calls
about Starbucks cases and most of them
don't really have a lot of merit, right?
A lot of them, you know, are just people
who are upset because they had a bad
customer service experience. Um, so I
think Starbucks is just worried about
the floodgates opening up. But this was
a righteous case. You know, in in this
situation, our client's life was ruined.
He deserved the compensation he got, and
in fact, I think he deserved a lot more.
How do they come to $50 million? So,
there's a bunch of components that go
into a verdict, right? A verdict isn't
just pain and suffering. So, when you
go, you know, in front of a jury,
there's something called Casey
instructions, and those are basically
court, you know, written instructions
that lay out how you're supposed to
calculate damages. So, there's past
medical expenses, right, which no one's
surprised about. There's future medical
expenses, which no one's surprised
about. There's past pain and suffering.
There's embarrassment. There's
inconvenience, right? There's loss of
wages. I mean there's all of these
factors and the jury has to itemize each
one of these things to give money right
so you know in this particular case we
weren't really looking for medical
expenses we were looking for pain and
suffering we were looking for anguish
embarrassment inconvenience right and
you know there's something called the
golden rule which you can't do in trial
it's I can't tell you hey Graham how
much would you take to have your penis
burned in a way that you know was
catastrophic that essentially disfigured
you and made it unusable Um, but you as
a reasonable person could say, "Hey,
look, this guy's in his 20s. He's at 50
more years of life. Is it really
unreasonable to get a million dollars a
year for a penis that lost function,
that lost girth, that lost length, that
hurts to pee, that's disfigured, right?
Like every time you have sex, it's going
to cause you emotional distress." I
don't think a million a year is really
that much for like it's it's torture.
Like, I don't know anyone who would want
to do it for a million a year. I mean, I
think if I offered you a million a year
to have a year of a disfigured penis
that didn't work, that caused pain,
there's no way you would take that.
There's no And I don't think you would
either, Jack. Graham might cuz a
million's a million bucks. 100% would. I
I would not. No, that that's And also
the pain of just like spilling that on
me with the initial thing. That Jack has
enough embarrassment as it is. Top that
on top of it. I mean, maybe people think
it's interesting and, you know, get more
and more dates or whatever. So, dates.
Yeah. Simp $50 million dates. Yeah.
There's some people are into that. You
know, some people into like amputees and
uh you know, people who have other other
disfigurements, but um but yeah, just
and just to put in perspective how bad
this injury was. So, after it occurred,
he in the video, you can see him slam on
the gas because he's so surprised by
what happens. He just hits the gas,
moves forward, and like I said, you can
see him cup like all of the other cups
in his his hands. None of them fall out.
Um they call an ambulance. He's in the
Grossman Burn Center for 2 weeks, right?
So, it's one of the top burn centers in
the country. They do a cadaavver skin
graft on his penis. He gets a pigkin
graft on his penis. Um, and goes to
psychologist, right? Has all these
issues, you know, basically it's
reconstruction of his penis. Um, and
what people don't realize is when you
get these burns to your genitals, you
lose size on your penis, right? You lose
girth, you lose length cuz it's soft
tissue. It's like a sponge. When you
burn it up, right, it just doesn't grow
back all the way. Yeah. Um, so these are
not just like little burns to his thighs
or his his genitals. I mean, these are
thirdderee burns that go all the way
through the skin, through all the
layers, um, and destroy the nerves. They
destroy, you know, visually what it
looks like. Um, you know, he's going to
need for the rest of his life aids to
get an erection. Um, so it's something
where, uh, it it it ruined his life. It
really truly ruined his life. Can you
still have kids? So, that's kind of a
tricky one. So, you know, in order to
have children, generally you need a
relationship, right? Um, you know, like
you can adopt. You can always adopt,
right? Like that's an option. But he had
a couple of his ex-girlfriends get up on
the stand and they talked about their
sexual relationship with him. And over
months and months, they only had a few
encounters. And the encounters that
actually went to completion were even
fewer than that. So in order to you know
be able to get a wreck to um in order to
perform he would need you know some aid
like seialis or Viagra and even that
really isn't strong enough. They talked
about doing injections to help him get
an erection. Um and so yeah I mean I
guess technically he could have a family
but it would be very difficult. He'd
have to find a woman who was okay with
his disability and disfigurement. He'd
have to find a woman who would work with
him on his erectile issues. You know
someone who's compassionate, right? and
it's hard and his last relationship he
ended because it was just too
distressful for him. How did the jury
respond during the trial? What were the
first signs that they were kind of on
your side? You know, the jury had an
interesting constitution. It was three
uh men and six women, right? And you
know, there's a lot of jury consultants
out there that kind of will speculate as
to what a jury will do. Certain groups
of people, you know, are more
conservative. I'm not going to go over
the specifics, but certain are more
generous, some are more compassionate,
some are more analytical, you know, like
engineers are more analytical. They tend
to offer lower amounts of money than
non-engineers, just as an example. Just
curious who offers the most money.
There's several groups that do. Um, and
I don't want to kind of go into the
demographics too much. I don't want to,
you know, offend anyone in terms of how
we analyze it, but, you know, certain
groups like, for example, Asians will
give a little bit less, right?
um they're just t typically more
conservative, you know, in terms of
culturally, right? Um you know, people
who are, like I said, engineers
typically give a little bit less.
They're more analytical. They're more
likely to believe experts and, you know,
hold them in higher self-esteem or
higher esteem than uh than you know,
non-experts. Um but, you know, as far as
the constitution of the jury, it was uh
nine women and three men. Um, there was
two trials, like I mentioned, one on
liability and there was one trial on
damages. Now, for the liability issue,
it's insane that we even had to have
that trial. The video is so clear as to
what happened. You can see the barista
put it in. You can see the cup hanging
in crooked. You can see her hand it to
him and it fall out right away. You
could see the dog do nothing, right? And
like I said, my co-consel was like the
whole time like, "He's a good boy." Like
that dog's a good boy. Look at him. you
know, he's just he's not doing anything.
And to say he took his hand off without
any evidence, like there's no evidence
he did that. He grabbed it with both
hands. Um, so I think the jury was
probably pissed off that they had to
spend a week of their life trying a
liability portion of the case. Um, they
found 12 to0 that Starbucks was
responsible. Did you expect 12 to zero?
Oh, yeah. 100%. Yeah. I mean, I I would
be shocked if they didn't, you know,
give a 12 to zero uh liability on
Starbucks because it's all on video.
Like what my client said in his
deposition is irrelevant, right? It's
like if there's a video of me punching
you in the face and you sue me for
assault and in the trial you don't
remember how I hit you because you were
knocked out, right? Who cares? There's a
video of me knocking you out, right?
Like we don't need your testimony. Your
testimony is irrelevant, right? Um and
so the defenses from Starbucks were just
completely frivolous. Completely the
most frivolous defenses I've ever seen
in a case. So and then we went to the
damages phase. We really believed in the
jury. Um, you know, they were very
attentive. They I think they took good
notes. Um, you know, I think that they
were paid a lot of attention to what
happened. And at the end of the day,
like this was a catastrophic case,
right? This was something that anyone
can understand. A 25-year-old man not
being able to have sexual intercourse,
not being able to start a family and
have children because he might not even
get a relationship, right? PTSD, like
the depression you get, right? Um, I
think every single person can understand
that. So, what was it like? What was his
reaction when they awarded $50 million?
I mean, I think he felt validated for
his experience, right? I think the thing
is in in these trials when someone
doesn't get the money they feel like
they deserve, it's not just the
disappointment about the money, it's the
disappointment about the validation of
their feelings, right? Like, you know,
it's like when you argue with a spouse
or a girlfriend or a boyfriend. A lot of
times it's not about being right or
wrong. It's about being heard. And I
think, you know, Mr. Garcia was very,
very appreciative that the jury heard
his pain. They was very appreciate
appreciative that they understood
everything he went through. And I think
it gave him a lot of peace of mind to
know that he wasn't in it alone. Do you
expect an appeal? So appeals are a
tricky thing. Um, every company is going
to say they're going to appeal because
they want to kind of their first
reaction like PR-wise is this, you know,
verdict's unjust. We did nothing wrong.
Um, and you know, 3 weeks before this,
um, case happened, we had another case
we got $37 million on. And it was me and
Nick again, right, where we kind of did
a lot of the depositions and litigation
and Nick came in, you know, to try the
case with us. Um, and he's a rock star.
He, I mean, he does a stellar job. Um,
and it was a woman who was rearended by
a big rig. She had three fusion
surgeries, which is where basically they
take out the disc and fuse the vertebrae
together. Um, she had a traumatic brain
injury and prior to trial, they offered
$5 million, right? And I think our
demand was seven. We were so close
together. I couldn't believe that the
case didn't settle, right? Uh, and that
they would take the risk on such a big
injury. So, you know, she her husband
had left her. She had gained some
weight. I mean, she had cognitive
issues, memory issues. I mean, she was
very, very, very messed up. Um, we got a
verdict of 21 million, right? And
because, remember I told you about that
998 offer that you get interest on
because our offer was 6 1/2 years
earlier, we got 65% interest, right? So,
we got 65% interest plus our costs,
which were in the millions, which added
up to 37 million. Now, that case, they
said they were going to appeal. We
talked to them post verdict and it ended
up settling for a number under 37. I'm
not going to say what the number is, but
it settled for a number right under 37,
you know, confidential confidentially,
right? And that case got resolved. So,
you know, there's risk because if you
appeal a case, that interest clock is
ticking. So, Starbucks owes us over 60
million right now on the uh $50 million
verdict cuz we made that offer 2 years
before. So, they're over 60 million
already. And for every year that they
don't pay that we're fighting an appeal,
they owe $5 million in interest. So they
don't pay you until they decide not to
appeal. So if they called us and said,
"Hey, we're willing to settle for X, Y,
or Z." And we said we were willing to
accept it. I'm not going to give even
hypothetical numbers cuz I don't want to
affect any type of future negotiation.
Um then we would sign a settlement
agreement. The settlement agreement
would prevent them from appealing it,
right? They couldn't go back and say,
"Well, we didn't want to sign it." like
let's go back and appeal and then they
would pay us within a certain amount of
time, 30 days, 60 days, 15 days,
whatever it was, right? Yeah. I'm really
curious who pays this. Let's say they
owe 50 million, $60 million. Let's just
use 60. Where does that money come from?
Do they have insurance that pays that
out? Is this like Starbucks corporate
bank account? Is there somebody at
Starbucks who's like personally coming
out of pocket? Like where does the money
come from? So, it's different for every
corporation. So some companies um have
self-insured retention where they're
paying the first X dollars of a verdict
and then insurance kicks in, right? So
like for example, Macy's just as a
example, they pay all the claims up to a
certain dollar amount and then insurance
kicks in because their premiums would be
so expensive from all the small claims
that they kind of just like self-insure
the small ones, right? Then when it gets
to the big ones, they have insurance. So
on that uh trucking case where she was
rearended, they had $150 million of
insurance. They had like I think it was
like a 10 or $20 million first layer.
Then there was a second layer and then
their third layer which added up to
about 150, right? So the company didn't
pay it out of pocket. They had
insurance. Uh same thing with the
Starbucks case. Our understanding is
that there is some insurance layer up to
X dollars that is covering things and
then after that I would I imagine
Starbucks would cover it unless they had
an excess policy. Yeah. Now, given the
nature of this case and how much
publicity it's gotten, does do you think
this spurs copycat cases where other
people are maybe likely just to drop
coffee on themselves? I think Starbucks
probably gets sued all the time for
things like this. And I think that's
probably one of the reasons why they
undervalued this case, right? People sue
all the time for, you know, oh, I
spilled on my hand or the lid wasn't on.
And even in the news, like they got a
lot of the facts of this case wrong. I
think almost every article I've seen
where I read the comments, they're like,
"Oh, the lid wasn't on correctly."
Because it wasn't a lid issue, it was a
putting it in the holder issue. So, I
don't think that there's going to be
more copycat like cases. I think there's
already like thousands of cases a year
like this. And I think Starbucks just
figured it was one of those cases where
maybe we get a couple million bucks and,
you know, they move on. It's that, you
know, companies have defense strategies
for things like this. And what they look
at is if we get hit once in a while,
like on a fairly large verdict, it's
okay because we can just fight
everything else to death and settle for
pennies. So when you average it out, we
still like save a lot of money, right?
But what I think they didn't expect was
like a nuclear verdict here, right? I
think they So Starbucks asked the jury
to award 7 and a half to 10 million. And
I thought they thought they were being
reasonable. I don't think they had any
idea it could be 50. And the crazy thing
is is that the jury, three of the people
on the jury wanted to give 125, right?
125 million. So our our ask was 75 to
125 million and Starbucks ask was 7.5
million to 10 million. Why didn't they
want to fix the issue? The other thing I
I read online was that your client
wanted an apology and for them to fix
the issue and make sure that doesn't
happen again. Why wouldn't Starbucks at
least fix the issue? Is that just
admitting liability if they say there is
an issue to begin with? I can only
speculate, but I imagine that anyone
who's had a drink fall out of a cup
holder will then say, "Starbucks already
admitted that this is a problem. We
don't even need to have a liability
trial. Starbucks already admitted this."
And they're just concerned about
emboldening people who are making claims
to say this is an accepted issue
already, right? It's like um you you
know how like there's recalls on cars
and like sometimes they'll settle a case
without admitting that there was a
problem because they don't want to have
to issue a recall, right? Cuz once you
issue a recall, the floodgates come in,
you owe billions of dollars in, you
know, uh costs of of like bringing those
cars back and repairing them or
replacing them. So, you're saying your
client has not been paid yet? Correct.
He hasn't been paid anything yet. And
so, how is he living his life now
without the money, but potentially
expecting $50 million? So his penis
injury doesn't prevent him from working,
right? So he's still trying to work.
He's still trying to live his life,
right? Um so you know, he can support
himself. He can pay for, you know, his
living expenses and his food and all
those things, but really what the money
is there for is to compensate him for
what he's lost, right? The pain, the
anguish, right? You know, money can't
replace what he lost. You can't get a
new penis for, you know, $50 million.
There's no amount of money that will
replace what he received. But the hope
is is that money will make him feel at
least somewhat better, right? He can use
it to live a better life, to have a
better quality of life, and those things
can bring him joy to kind of substitute
for the joy of what he lost. What is it
like for taxes on a judgment like this?
Like, let's say he gets the 50 million
bucks. Is he paying tax on that? No. So,
out of that 50, a portion goes to
attorney's fees, right? A portion goes
to the costs. I mean, these trials can
cost like that trucking case I told you
about, seven figures in cost, right? Um,
and then some will go to medical
expenses. You know, he has to reimburse
his health insurance for whatever they
laid out. Some of those doctors treat it
on a lean, meaning they don't uh charge
up front. They bill it and you get paid
when the case resolves. Um, and then the
rest goes to him and all of that is
taxree. So, it's kind of like if you had
a TV that I broke by accident and I
bought you a new TV, you wouldn't pay
tax on that TV. It's just replacing what
you lost. What do you think he's going
to do with the money?
Um, so a lot of times when our clients
get settlements this substantial, we do
some type of annuity or we set them up
with a financial advis adviser who's
going to help with like index funds or
some, you know, basic real estate
investments, you know, buying a home.
Um, a lot of people who get in these
situations don't have have a home. So,
you know, making sure they don't
overspend, making sure they're
reasonable because there's no taxes on
this money. So when do you get $50
million let's say he ends up with half
of it just hypothetically right $25
million is life-changing money taxfree
like I mean it's very very wealthy but
also $25 million is a small enough
amount that you could blow it if you
don't know what you're doing you could
go out and buy Ferraris and buy your
friends you get you know people get
entouragees right they have like 20
people they're supporting so you know
one of the things that we do when our
clients get these very big verdicts is
we put them uh together with a financial
adviser who will help decide if an
annuity is a good, you know, route, if
they should do index funds, if there's
any other investment products that will
help them because otherwise you're just
giving them a check for 25 million and
they they might just spend it, put it in
a checking account, you know, it's like
lottery winners, you know, they don't
know what to do with it. What would be
your advice for him in terms of the
money? My advice for anyone who comes
into a windfall is you're not
sophisticated most likely enough to make
good decisions with investments. People
who buy real estate, for example, spend
their whole lives learning about real
estate, finding deals, and knowing what
to buy. There's no way someone who just
has $50 million fall on their lap, will
be able to make good decisions about
real estate purchases. So, I I'm a big
fan of index funds. I have a lot of
money in Vanguard in VTSAX, VTIAX, which
is basically domestic index funds and
international index funds. They're
handsoff. You get a dividend. You get
growth like in the normal stock market.
If the US economy is doing well, you're
doing well, and you just don't have to
think about anything. Spend 3%, you
know, at his age, maybe 3% withdrawal
rate, 4% if you're a little older, and
just coast. He has enough money, he
never has to work again. Now, I'm
curious, how common are personal injury
cases that should be pursued, but are
not? I think a lot of people have no
idea what the rights are. I think, you
know, so, um, a little background on my
firm. I've been doing this for about 15
years. I've done around 10,000 injury
cases. Um, and we probably have right
now about 2,000 active ones. And what I
found is that a lot of people don't
understand what the rights are. A lot of
people think if I'm in an accident, my
leg's not broken. If I'm in an accident,
I don't have surgery or brain damage. I
don't have any right to recover money.
But really, there's so many injuries
that are invisible injuries like neck
pain, back pain, shoulder pain, right?
um you could hurt your neck in a way
that you have neck pain the rest of your
life but you didn't break anything you
could have a disc bulge you could have a
disc herniation it could be impinging
your nerve so I think a lot of people
pursue cases but a lot of people also
have no idea that they have a right to
pursue a case how many events do you
think happen in the average person's
lifetime that could warrant a lawsuit
probably a lot I mean maybe the
lawsuit's a couple grand right maybe
it's a couple hundred grand but I think
that at some point in everyone's knife,
there's something someone screws up
where you have an injury of some sort
that you could sue for. I mean, think of
it this way. If you go to a cafe and you
order a sandwich and they get it wrong
and they won't refund you, that's a
lawsuit. I mean, I wouldn't take it. No
lawyer would take it. But, you know, you
had a right. You paid for it was a
contract. You paid for a sandwich. You
didn't get the sandwich you wanted and
they have an obligation to remedy that.
And if they tell you, you know, like
we're not going to fix it, you have like
a lawsuit, like you have a case. So, I'm
just saying in everyday life, there's a
million things where you're wronged that
you have, you know, legal recourse, but
at some point you have to figure out, is
it worth it to pursue that legal
recourse? What are the most commonly
overlooked things that people could sue
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And now, let's get back to the podcast.
I mean, I think it's injuries from
accidents, right? I think there's a lot
of times when people um are in
accidents, like I said, they my neck
hurts, but nothing's really wrong. I I
don't have back pain. I mean, I don't
have um uh need surgery. I don't have
stitches. I don't have brain damage,
right? And they go through life like
just hurting, right? They they go to,
you know, the mall and they hurt when
they're walking or they're working
hunched over a computer and, you know,
it causes them pain and they just don't
do anything about it. They're just like,
"I'm going to suck it up. There's
nothing I can do." You're saying car
accidents. Well, not just car accidents,
slip and falls, trip and falls,
assaults, right? Like so many things
hurt people in such a minor way and it
just compounds and compounds and
compounds. Um there was a um WWE
wrestler who um you know at some point
he had like a a slip disc and ended up
like bending over on a plane or I forgot
the the circumstances, right? But he
ended up being paralyzed. You know what
I'm talking about? Have you heard the
story? Um and it was one of those things
where he probably was injured from
wrestling and probably toughed it out
and it ended up causing him paralysis
later. And I think it's the same thing
with car accidents. People get in a car
accident, they have a little bit of pain
over time and throughout their life. It
builds and builds and builds until it's
catastrophic and they should have made a
claim. They should have gotten
treatment. So, when it's too late to
file a lawsuit, like let's say in that
case, the wrestler, what if that
happened 10 years ago? Are you out of
luck after a certain amount of time? So,
you have something called the statute of
limitations, right? So, and every state
has its own law when it comes to how
long you have to file. So in California,
for example, for property damage,
meaning like your car, your tablet that
gets broken, all those things, you have
three years. Uh for liability for
injury, you have two years. So if I rear
end you, you throw out your back, right?
If you don't sue me within two years,
you're gone. Like I can't I'm I'm
bulletproof. I'm untouchable. I can't be
sued. Right? So it really just depends
on the state law. Some are two, some are
three, some are one. Medical malpractice
in California is one year. you know, uh,
personal injury is two years. So, it
really just depends. How could you tell
if clients are calling you and they're
lying or they're exaggerating? Like,
what's a tell? I mean, you know, it's
kind of like a criminal lawyer where,
you know, you don't want to ask your
client like kind of like, did you do it?
Right? You want to give your clients the
benefit of the doubt of trusting them on
face value, right? So, you know, I have
people who I thought were completely
shady when I retained them um or when
they retained me. you know, we get their
MRIs and they're just their back is
destroyed and everything they're saying
is 100% true. And I get people who seem
like the nicest like sweet teacher,
right? And then we find out that they
lied about everything. There's 10
witnesses against them and we have to
drop their case. It's really unfair, I
think, to judge someone by their initial
presentation cuz some people aren't
charismatic, some people aren't
articulate, some people just have a bad
look. So, I try to take everyone in and
give them the benefit of the doubt and
then, you know, kind of investigate the
case to find out what really happened.
And what about people who might
embellish, maybe play up their injuries
a little bit, you see all those cartoons
of people like neck braces and then they
just take it off and play tennis. Yeah.
There's no way to tell. And I think the
perception in general of people who um
see injury cases is that it's all shady.
It's all fraud, right? So, defense
lawyers kind of have this strategy that
they are going to stand up in front of a
jury and just say, "Let's be
reasonable." Like, who believes these
people are hurt? It was a minor impact
or these medical bills are like way too
high. And what they're playing on is,
you know, the general public's
expectation that all of this is fraud,
right? And it's just simply not the
case. Like, I meet with people every
single day who insurance companies are
just completely taking advantage of. And
the way you can see it is is that once
we get these cases and we get into them,
the offers like go up exponentially,
right? The communication goes up
exponentially. Attorneys get assigned to
these cases. You know, there's a lot of
cases we get into and they hire an
attorney before we even file a lawsuit.
And these are people I know, right?
There's insurance carriers that know who
I am. Like most of them, that the
attorneys there know who I am. And so
once they see my name on a case, they
get attorneys involved right away,
right? They know that we're going to
file a lawsuit. they know that we're
going to push and we're going to take it
seriously. So, you know, uh in those
circumstances, um you know, the client
ends up doing better because they're not
getting that same view of fraud as they
would otherwise by themselves. And what
are the general payouts for different
injuries? Just on average, if you're in
a car accident, a dog bite, you fell,
how does that look between the two? So,
it really depends. And I know this
sounds really unfair, right? But this is
me being completely pragmatic. The
insurance company matters more than
anything, right? The insurance company
is a huge indication of how you're going
to do in the case because insurance
companies have different business
models. So, for example, some insurance
companies would rather litigate
everything, spend a lot of money on
attorneys, and pay very little on the
claim. Some other insurance companies
would rather pay very much on the claim
and very little in litigation costs and
find that that's a better business
decision. And what typically happens is
insurance companies oscillate between
paying a lot and defending a little and
defending a lot and paying a little. So
what'll happen is is that their
insurance defense costs will balloon and
they'll be like, "Fuck, like we're
spending way too much money on insurance
defense, right? We got to start paying
claims more." So our we don't have a
thousand attorneys on payroll. And then
they start doing it and then all of a
sudden they start paying out more
claims, right? And spending less on
defense. And then eventually they get to
the other side and they're like, "God,
we're paying so much in claims. We
should fight some of these." Right? And
so over the years, I've been doing it 15
years, carriers go back and forth tight
and loose and tight and loose. And so
where they are in that cycle will really
help determine where you're going to end
up in your case because you can't try
everything. Like it's impossible. I have
2,000 cases. I can't try 2,000 cases. So
when it comes to results, a lot of it
has to do with where carriers are in
that cycle. What are the easiest
verdicts to come to? Like is it a dog
bite, a slip and fall? Which ones are
just clear-cut where if if this happens
to you, you can get money? Um, you know,
kind of same thing. And I'm doing that
like lawyer thing that people hate where
I say it depends, right? Like all of
this depends. Every single case is
unique, right? So you could have a
clear-cut liability case, but your
damages are really like [ __ ]
complicated. And you could have a really
clean damages case where your liability
is really complicated, and they could be
very similar injuries, right? You could
have a slip and fall where the manager
of the store dropped water right in
front of you. Like he dropped his glass
of water, he tripped right over it
immediately. Liability is good. You
could have one where you fall on water.
It's like same situation, but no one
knows where the water came from. And you
both have the same injury. So your case
is worth a lot more because liability is
very clear. Your case is worth a lot
less because liability is more
speculative. So when you ask kind of
what are the better ones, um, you know,
spinal injury cases are very strong. Um,
death cases, you know, surprisingly are
not the most valuable unless you're a
high income earner. A death case is not
the most valuable case because what
happens is when you get killed, all your
medical expenses in the future get cut
off. So, you know, if um, you know,
Michael Jordan died, case is worth a
billion dollars, right? His income
potential is like nearly infinite,
right? But if a Target worker gets
killed, right? It's his life plus, you
know, some minimal income that he would
make, you know, in his career. So, you
know, depending on the death, it could
be a lot or a little. And death cases
really are valued on the relationship
that people had with the deedent. If you
want to know what the most valuable
cases are, it's brain injury cases and
quadripolgia cases because they have
tens of millions of dollars in future
medical care. So, if you have brain
damage, right, you can't dress yourself.
You can't eat, you can't wipe your ass,
whatever those things are, right? You're
going to need someone 24 hours a day to
help you. And that's going to cost
You're a young guy. How old are you,
Jack? 26. Yeah, man. You got like 50
years, right? So having like three
nurses taking care of you for 50 years
could be $80 million, right? Whereas if
you died, your death might be worth 30
million, right? So, when you're talking
about valuable cases, you know, the the
death and paralysis cases, or sorry, the
uh paralysis cases and the brain injury
cases are the worst. What's been your
biggest settlement? Um, I think this
Starbucks case is our biggest uh result,
right? Um, you know, we'll see if we get
paid, what the appeal process is. Um,
the one we got for 37 million is up
there. We also had a case, um, that was
in the news. Um, we were working with
Maxine Waters, uh, the I don't know if
you're familiar with the congresswoman.
So, that was kind of an interesting
case. So, our client, um, her name was
Ashley Wells. She had gone out on a
weekend and met a offduty, um, sheriff's
deputy and he was trying to impress her
and her friends. So, he took him out
driving. he was speeding and we have on
um Instagram or Snapchat videos of them
speeding down the road and he ended up
crashing into essentially a a light post
um as she was killed. Her friend was uh
paralyzed in a coma. Um the officer uh
or the deputy walked away totally fine.
And it was kind of interesting because
when the Torrance police came, they
didn't do a field sobriety test. They
didn't arrest him. Um I mean I think it
was a case of you know officers
protecting their own. Um and we had to
put a lot of pressure on um the police
in the city to actually even pursue
charges against him. And we reached out
to Maxine Waters who was wonderful and
helped us you know do press conferences,
put pressure um and that case ended up
settling for for 10 million. Are doctors
ever incentivized to make the injury
seem worse than it actually is? You
know, people always say that and I think
it's actually quite the opposite because
you have to remember insurance companies
don't just pay because a doctor says
this is worth money, right? Insurance
companies, they hire nurse practitioners
to review medical records. They hire
their own doctors to do what's called uh
defense medical exams. So, if you were
in litigation on a case, they're going
to send you to their doctor to examine
you, to come up with their own opinion.
So, if my doctors exaggerate, we just
lose credibility. So, no, I don't think
it's really a high risk of our doctors
exaggerating. I think it's more a risk
of defense doctors uh underlying the
injuries because they want to get paid.
Because if you're a defense doctor and
you don't give a really minor diagnosis,
insurance companies aren't going to use
you anymore. Like, if my client has a
spinal surgery and you're a doctor and
you're like, "Hey, they needed that."
What insurance company's going to hire
you again? Right? No one. No one's going
to hire you. And who pays the doctor
cost if they lose? Like let's say they
they don't have money to pay the doctor.
The doctor's taking a lean like you
said, what happens to it? So at the end
of the day, what a lean is, and let me
kind of back up to explain what a lean
is for people who don't know. So when
you hire an attorney for a personal
injury case, the doctor can put a lean
on your file. It's like putting a lean
on the house, you know, like a first
position, second position on a mortgage.
Um, and what that does is it says that
when the case resolves, we get paid
first for whatever our medical costs
are. But it also says most of the time
that if we don't settle your case, the
doctors are still entitled to get paid.
So these doctors, you're on the hook for
them regardless of the outcome. The only
thing I can tell you is is that if the
outcome is unfavorable, I have
relationships with these doctors because
I work with them all the time. So, I can
kind of step in and say, "Hey, look, we
paid you on the last like 80 cases. Can
you do me a solid and try to like wave
or reduce the meds on the one we weren't
able to settle?" And typically, they
will cuz it's a relationship business,
right? What are some of the simplest
things someone can do to protect
themselves from personal injury
lawsuits? Like a dash cam. Yeah. Get
good insurance. Number one thing, even
before a dash cam, right? There's so
many people out there who drive with
inadequate insurance. Right. What do you
mean? like how would you know if your
insurance is adequate? So, you should
have at least as much insurance as your
net worth, first of all. So, if you own
a $1 million home and you have $100,000
in liability insurance, you're like
really screwing up badly because if you
end up hurting someone and you have
$300,000 in equity in your house,
they're going to go after that equity.
They're going to try to get money out of
you and you're going to be really
unhappy that you don't have the
insurance to cover it. Um, the second
thing you can do is make sure that if
you're in an accident, you go right away
to get checked out, right? One of the
biggest defenses of insurance companies
is that you waited too long to get
treatment. So, you waited a month, you
waited a week, you waited two weeks.
However long it is, is if you didn't go
in the first two days, like they're
going to give you [ __ ] about it. Um, a
third thing is is it is a hit and run.
If you are hit by someone who takes off
and doesn't have insurance, you have to
report it immediately to the police. A
lot of insurance companies require 24
hours uh maximum for you to actually
report it. And if you don't, they can
deny coverage. So, there's a lot of
things that you need to worry about when
you get in a car accident. What are the
best and worst insurance companies?
Um, you know, I'll try to be nice kind
of in what I say. Sure. Um, none of them
are necessarily bad or good. Some of
them are more tight and more generous
with their payments, right? And there's
a trade-off between also the service you
get. Like State Farm to me is the worst
insurance company in the world. Like I I
hate State Farm. They fight on
everything. Their offers, initial offers
are low, but I respect them for having a
welloiled and managed uh company. They
have great lawyers. They have a very
organized in-house defense department.
They um have good phone call pickups.
They have good customer service, but
they get all of that because they don't
pay claims. All the money that they'd
pay to claims is building their
infrastructure, right? And then there's
other insurance companies that pay
claims very well. Berkshire Hathaway,
they pay claims very well in my
experience, but I can't get anyone on
the phone. I can't reach an adjuster. It
takes weeks to get a manager. Right? So,
it's like, would you rather settle
quickly with someone who is responsive
but pays less or would you rather wait
two years with someone who is
nonresponsive but is willing to pay more
to get it settled? So, what's better for
people who are getting sued? You know,
if you're getting sued, State Farm like
and Mercury and um like All State kind
of suck because like let's say that you
rearended me, right? What you want is
your insurance company to pay as much as
they need to pay to get the case to go
away. You don't want to be sued. You
don't want to be deposed. You're a guy
who's like people know, right? Like it
would be very very uncomfortable for you
to have to go through litigation, right?
And you'd rather them pay and your
premiums just go up. Um, you know,
another one, do you know who Eddie Bravo
is? He's Joe Rogan's friend. He's a
jiu-jitsu guy. Um, one of my friends
sued Eddie Bravo. And it was funny
because Eddie was making a right turn,
right? He hit like a pedestrian crossing
the street and Eddie was like apologetic
about it. He's like, "I'm sorry I hit
him." But his insurance company kind of
wanted a fight still, right? So, you
know, you ask like, "Is it better to
have one that's stingy or not?" It would
have been way better for Eddie to have
an insurance company that's just like,
"We did it. We're paying. Like, you
know, please go away." And then Eddie,
who's a well-known guy, wouldn't have
had to be deposed, right? So, for you,
you want a generous insurance company
because you don't want to get into
litigation, right? Yeah. So, if you're
hurt, what's the first thing that you
should do? I think the first thing you
need to do is get medical care because
the biggest argument, like I said, is
that if you're really hurt, why aren't
you going to a doctor, right? If you
hurt your back so badly you couldn't
work, would you just go home and take
Advil or would you go to urgent care or
the emergency room or at least call your
primary and go in like a day or two
later to get checked out? Right? That
that's the biggest killer of cases. And
the second biggest killer of cases is
going to doctors who don't understand
the litigation process. Because what
happens is is that you go to these
doctors. Let's say you go to Kaiser,
right? And you're like, "Hey, my knee
hurts." And they go, "Well, did you play
any sports in high school?" And you're
like, "Yeah." Like, "Oh, well, it could
be related to that." And you're like,
"Well, I never had pain like back then."
Well, we never know. So, I'm going to
just make a note that you played high
school sports. And all of a sudden, that
note gets into trial. And you're on the
stand and they say, "Graham, you know,
isn't it true you played high school
football? Like, isn't it true you had
sore knees sometimes when you played
high school football and you have sore
knee now, right? Like, you know, don't
you think that's a coincidence or not a
coincidence, right? Um, and then they
they use it to impeach you. Whereas, if
you go to doctors who understand PI,
they're going to really filter the
relevant from the irrelevant, and it's
not going to allow the defense to kind
of like do slide a hand to trick the
jury into uh finding other causes than
what really caused the the issue. Do you
think this is legal extortion or
justice? I mean, I think it depends on
who the attorney is. There's and and
like, don't get me wrong, I love what I
do. I feel like I'm getting justice for
clients. I do it because it makes me
feel good about helping people. But
there's also the other side where
there's tons of shady attorneys who
literally just push unnecessary
treatment on clients. Um, and I think
that's legal extortion because there's a
cost to defense, right? If someone sued
you for like some frivolous reason,
Graham, or you, Jack, for some frivolous
reason, you're going to have to pay a
lot of money to defend it. And sometimes
it makes sense to pay to have it go
away, right? So, how is that not
extortion? It Well, I'm saying it is,
right? But my firm, that's not what we
do. We screen for injuries. If you tell
us you're not hurt, like anyone who's
watching this who calls my firm and
says, "I have no injury. Can I make a
case?" We're going to tell them no.
We're going to tell them we can't help
them. Yeah. What are the repercussions
if someone just files a frivolous case
that maybe they exaggerate their
injuries or maybe they they were in an
accident but they're totally fine and
they're like, "You know what? Maybe my
neck hurts. I'm I'm having issues." Are
there any penalties that come with that
or no?
Nope. No. So, California, where we are
at least, and I don't know how it is in
other states, is very, very open to
litigation, right? There's no real limit
on what you can plead. They have very
lax pleading standards. And by pleading
standards, I mean the requirement of
what you write in a lawsuit to be valid,
right? So in some states you have to
plead certain facts, some like certain
volume of information or else the case
gets thrown out. California could just
be like Jack rear ended me I'm hurt
lawsuit. Like I don't have to say what
you did. I don't have to say how you did
it. I don't have to say what my injuries
are, how much money I want, right? I
just say over 25,000 for unlimited or
under 25,000, right? So, the ability for
me to sue you is super easy. Um, there
are things called vexacious litigants.
So, if you're not a lawyer and you sue
too much, they can essentially shadowban
you from lawsuits. And what that means
is when you file a lawsuit, a judge has
to approve it before it's, you know,
allowed. How common is that that
someone's just out there every like
month filing lawsuits? So, we had this
case um where uh my client's father was
living in one of these motel that was
kind of like a halfway house, right?
Where, you know, people stay there.
They're not temporary residents. They're
kind of really permanent residents. The
place caught on fire and he died of
smoke in inhalation, right? And um we
sued the building and we actually got a
settlement for the policy limits, but
there's one pro per um defendant, right?
Uh or sorry, plain, right? one guy who's
representing himself and he's talking
about the government having listening
devices and the judges and the attorneys
colluding here and like tinfoil hat kind
of crazy [ __ ] right? And um you know in
that circumstance that's the kind of guy
who they're going to ban at some point
cuz he just files frivolous lawsuits all
day long and he happened to be in that
motel when this incident happened. But
that's the kind of individual that he
does this two or three times and the
court's going to flag him and he's going
to have to get court approval to file a
lawsuit. And if he tries to file
something crazy like, hey, you know, the
the CIA is monitoring me and Jack is an
agent of the CIA and Graham is like the
undercover director, right? Like they're
going to like not let that go through,
right? So, so it's kind of like, you
know, shadowban on that. Why is
California so latigious? It's a very
liberal state and I'm not getting
political in any way, right? But they
really care about consumer rights. They
really care about landlord right or
sorry tenant rights. They really care
about employee rights. They really care
about victims of accidents. Um and they
really push that as a priority. Now
there's a lot of downside to that which
is the cost of insurance goes up. I
don't know if you saw a lot of insurance
carriers are pulling out of California.
State Farm being one of them. State
Farms pulling out um right before the
fires. I don't know if you saw people
were getting cancelled, right? So,
literally the fires are coming down the
street and people are cancelling
insurance policies. Um, you know, like
the carriers are. So, you know,
California is very very lax with
litigation, but there's a price you pay.
Auto insurance rates are insane in
California. Insane. Homeowners rates,
you know, I live right by where one of
the fires was. My homeowners went from
3,000 to like 10,000 in one year. So you
you know you pay for it, right? And I
think everyone in California kind of
understands like you pay all this
insurance, but if you're hurt in a car
accident, at least you're getting well
taken care of. Have you ever had a case
where the client was 100% lying, but you
found out too late? I'm trying to think.
I don't think I had one where I found
out too late, but there's ones I've had
where I found out and then we ended up
dismissing the case. So we had one. So,
um, there's this Persian lawyer, I'm not
going to say his name, but he used to
send us lots of cases to litigate cuz,
you know, like I said, I have a 40
person law firm. We have a large
litigation department. Um, we have
members of Abod, which is the American
Board of Trial Advocates in my office.
And so, he would send us all these
cases. And he sent us this one case
where the guy was adamant he never had
back pain. He needed a back surgery. And
we were mediating the case. And
mediation is where one side's in one
room, the other side's in the other, and
the mediator goes back and forth to try
to settle the case. And it turned out
during mediation that they lowered their
offer from like 500,000 to like 50,000,
which is so unusual. Insurance companies
almost never lower their their offers.
And we found out that he had a case in
Michigan a few years earlier where he
was also recommended a spinal fusion.
and he told us he never had back pain,
he never had spinal problems, he'd never
been recommended surgery. And we found
out that the exact same physical issue
he was having, he was having in our
case. And we basically were like, "Take
the 50 and let's walk away, right?" And
we didn't drop the case, but I mean, he
still probably had aggravation, but it
was one of those things where the client
was lying through his teeth, and we just
settled for what we could. Have you ever
felt bad about a win?
No. No. Um, I think I believe every case
of mine is righteous. I believe every
case of mine is really a fight to get
justice. And if I didn't believe in a
case, I wouldn't take it. What's your
wildest story? Oh, um, it's another
penis case actually. So, we had a case
where a guy was at a strip club, right?
And he got a lap dance from a stripper.
And our position, this was early in my
career, right? like I don't remember a
whole lot about it, but it was it was
really early in my career, you know,
10,000 cases, you know, before now. And
we argued that the lap dance was too
aggressive, right? It was too aggressive
of a lap lap dance and he broke his
penis. Right? Now, I don't know if you
can know this, right? But like you can
break a penis. There's all these blood
vessels in there, right? Um and if it,
you know, bends in a wrong way, you can
actually break your penis. And so we
filed a lawsuit and our position was
that this aggressive stripper, right,
negligently broke his penis and we ended
up losing on what's called a motion for
summary judgment. Are you guys familiar
with what that is? So a motion for
summary judgement is a motion that uh
someone can make to the court that says
given the facts that are admitted by
everyone, is there still a basis to move
forward? Right? So, if we accept
everything everyone's saying is true, is
there a legal basis to move forward? And
the judge essentially said, based on
everything I'm saying, there's no legal
cause of action here. There's no legal
reason to move forward. And the case was
dismissed, right? Um, but that was
probably the craziest case. Do you think
you could win that case if you had it
today, knowing what you know now? You
know, I don't know. A lot of the MSJs,
the motion for summon judgments depend
on the judge. Some judges just want to
get rid of cases. Like they have a big
case load and they're like, listen,
anything that is borderline like, okay,
I'm just going to kind of shoot out and
grant the MSJ. And there's other judges
that hate to be involved with a case
getting resolved. They don't want to be
the reason a case failed or a case was
successful. They want to leave it in the
hands of a jury. So, it just depends on
the judge. And I believe that judge uh
was very aggressive about motions for
summary judgement. Have you ever had a
high-profile lawsuit with someone that's
like famous? We had one against Ashley
Tisdale. Um, and it was a word versus
word dispute and according to my client
when Ashley got out, she threatened her.
There was like this whole drama on
social media about her getting doxed,
right? So, my client, you know, alleged
that Ashley Tisdale or her husband had
um posted her personal information where
she worked online. um you know trying to
bully her essentially into dropping the
case. Um and uh you know that case um
you know ended up going on for a really
long time. But you know the thing with
those cases oh actually there's one with
TJ Miller too I'll tell you about in a
second. Um but the thing when you have
celebrities in a case is that it's very
difficult to get their depositions. They
try to avoid their depositions at all
costs. And if you can pressure them on
their depositions, you end up doing very
well because, you know, Ashley Tisdale
doesn't want to sit for seven hours with
Michael Parker while I kind of [ __ ] on
her and what she did, right? Um like she
just doesn't want that video to come out
of her in deposition. It just doesn't
look good, right? She hit this young
girl. She caused her injury. She doesn't
want anyone to know about that.
Allegedly, right? She did. Well,
allegedly, right? All of these are, you
know, are allegations against her,
right? And most of these cases settle
with no admission of liability,
right? And what's the one on TJ? So, um,
so TJ Miller is just a famous comedian,
actor. He was in Silicon Valley. Um, and
my client was a driver for him and there
was an allegation of assault and um, we
sued TJ Miller. It was like in TMZ and
all over the news and we tried so hard
to get his deposition and we ended up
settling because we pressured him to
have a deposition. Celebrities do not
like being deposed by lawyers for like
six or seven hours. And if you can get
that pressure on them to, you know, have
a deposition, you're going to be able to
settle the case in most circumstances.
Why is it public information in terms of
a deposition? Why? Why is it deposition?
Yeah. How is that public? Isn't this
shouldn't this be a closed matter that
it can't leave the courtroom? Like some
depositions have gone incredibly viral.
Like Kanye West depositions, I feel like
a lot of people have seen that. I think
Justin Bieber had a deposition that just
was everywhere. Yeah. So, be aware a
deposition is technically a court
hearing. You're under oath, right? The
power of the court extends to the
deposition. There's several rules that
apply to how a deposition works, right?
So, you know, the code of civil
procedure, how objections work, what's
allowed to be said, um, you know, on the
record, um, how objections have to be
made. So, you know, a a deposition is a
public hearing. If I had a deposition in
my office, you're more than welcome to
just sit in on it. Like, you can guys
come to my office anytime and watch a
deposition, right? It's it's a public
hearing. Every deposition is a public
hearing. Now, there's some limitations
on who can go to a depo. Like for
example, if you guys were in a car
accident together and Jack was being
deposed, you couldn't sit in because
they wouldn't want you to hear what he
says about what happened to taint your,
you know, testimony. But other than
that, if Jack's friend was like, I want
to sit in for support, they would allow
it. It's totally okay. Why is why is it
public? I feel like between a private
lawsuit that should be between the
individuals and their council and not
something that's broadcast to the world
because the the deposition is kind of
like an exploratory meeting for actual
cross-examination and direct testimony
at trial. So when you like let's say I
take your deposition, right? That is
basically the preview of what you're
going to do at trial, right? So, it's
public because um everything you're
going to say and everything I'm getting
out of you, a juryy's going to hear
anyways. So, why keep it private? Why
does it need to be private? It's not
protecting any of your privacy at all
because every single thing you tell me,
I can ask you on the stand later in
court. One of the things that I've seen
online a lot is that lawyers say, "Never
speak more than you have to." How often
is that the case that your clients
oversp speak or overshare information?
Or is it always a good idea to never say
anything? You know, it's like when
you're told if the police talk to you,
don't say anything, right? And and just
here's like a really basic example. So,
you get in a car accident, right? And
you're like, "Listen, I'm just going to
call my insurance and like open my
claim." So, you call them and like,
"Hey, Graham, what hurts?" You're like,
"You know, my neck kind of hurts. Maybe
my shoulder a little bit. Other than
that, I don't really know right now."
And then you report your claim. So, two
weeks later, you're like picking up a
box like on the floor over there, right?
And you throw your back out and you're
like, "I've never had back pain. I've
never had problems. Like, this is almost
certainly from the car accident. Then
when you go and uh update the insurance
with your back claim, they're going to
say, "Listen, you're full of [ __ ] You
told us it was neck and shoulder. We
didn't hear anything for 2 weeks, and
now you're saying it's back." Right? So,
what you want is your attorney to make
those statements for you because what I
say is not evidence. If I'm like,
"Graham hurt his neck, his back, his
ears, his shoulder, his calves,
whatever." and we only submit bills for
your neck and back. None of what I said
is admissible evidence. I'm not a party
to the lawsuit. I'm not the one who's
hurt, right? I'm not a recipient
witness. There's nothing that I know
other than what you tell me, right? So,
if I like, you know, misstate that by
accident, like the insurance company
can't hold it against you. So, you
should never be the one to make those
statements. You should always get a
lawyer to make the statements on your
behalf. your your attorney is completely
insulated from like honesty. I'm not
saying we're allowed to lie. What I'm
saying is is we're allowed to make
mistakes. And if we make mistakes in our
communication of the facts, then you
guys are completely off the hook because
our mistakes with communication have
nothing to do with your communication or
ability to communicate. That's really
interesting. And same with a criminal
lawyer, right? If you get pulled over to
the cops, shut the [ __ ] up. Like, don't
talk to them, right? nothing you say can
help you because if you say if they say
hey look why why were you driving to you
know the mall and you're like you know
you give some answer if that answer has
anything to do with a crime that had
happened even if you didn't even know a
crime happened they can use it against
you in terms of criminal cases I'm
really curious about this let's say
there's a murder case and you're
representing me and I say to you hey
listen between you and I did it can you
still represent me knowing that I'm
guilty Oh, absolutely. Yeah, absolutely.
How do you both reckon that morally, but
then
also put doubt in other people's mind
that I didn't do it? Mhm. So, my job as
a lawyer is a couple things. Number one,
my job is to advise you on your rights.
So, what does the government have to do
for you? Regardless of what your conduct
was, I have to advise you on the
consequences. If you take this to trial,
what is the worst and best case scenario
for you? Right? I have to analyze all
your information to see, do they meet
the burden of proof? Maybe you did it,
but they can't prove it. And my job as a
lawyer is to make them prove it. Right?
I can know you killed someone. I can
know you committed bank robbery. I can
know you assaulted someone. But it
doesn't change the fact that the legal
burden of proof is beyond reasonable
doubt. and it's okay for me to hold the
prosecutor to that burden. And even
though it may allow a guilty person to
be let free, as a society, we've agreed
we'd rather have more guilty be people
be free than innocent people be in jail.
It's a balance, right? Would you rather
have, you know, error on the side of
imprisoning innocent people or error on
the side of imprisoning guilting people,
right? And that's kind of a balance you
have to do. What's one of the most
creative solutions you've had to apply
to get a verdict? So, um, there was a
law called the Telephone Consumer
Protection Act. So, I I pretty much only
do personal injury, right? But for a
while, me and my buddy had a firm that
did um consumer class actions, right?
And we had a case that was the Telephone
Consumer Protection Act. So, it was a
law from 1991 that was meant to prevent
um spam faxes and spam phone calls,
right? And there was this um attorney
who's a friend of mine, his name's Abos
Caseronian, right? And he figured out,
well, we could kind of apply this to uh
text messages, right? And without
written consent, right, prior written
consent, you can't text message an ad to
someone. And there's a penalty for that,
right? there's a statutory penalty for
each text message. And so me and one of
my friends, uh, his name's Kevin, we
said, you know what, on the side, we get
text message all the time. Like we get
these like, you know, uh, spam text
messages. Why don't we just like kind of
start litigating some of these for fun?
And on Memorial Day, um, we ended up
getting a case where, um, a furniture
company had sent out like tens of
thousands of text messages, right? and
we um you know pursued them for it. They
were all without prior written consent
and we ended up filing a class action
settlement against the furniture
company. We ended up settling it and I
think the settlement was around $6
million and all of that money that they
paid, all $6 million was just because
they sent text messages out without
permission. So, there's a lot of avenues
of law that allow you to recover large
amounts of money with not minimal work,
but creativity and not as much work as
you would think. Are there any other
loopholes right now that you're seeing
that maybe companies aren't aware of?
Um, you know, it's not that. It's that,
you know, a lot of what works is people
find it and then just kind of exploit it
over and over again until they find the
next best thing. And let me kind of
explain what I mean by that. So with
personal injury specifically, there's
like popular types of treatment that get
popular for like a few years and then
like a different type of treatment
becomes popular and then everyone kind
of uses that. So are you familiar with
like TMJ? Have you heard of TMJ? It's
like you know jaw issue. So back before
I started TMJ was like the it thing for
personal injury. Every time you get an
accident, airbag hit me, TMJ. Go to a
dentist, they do a full workup, no
epidural injections, no spinal
surgeries. It was all TMJ, right? And
eventually insurance companies kind of
caught on and they're like, "This is BS.
We're not going to pay for TMJ." And,
you know, people are innovative and
they're like, "Okay, well, look, you're
not paying for TMJ, but these people
have neck pain and back pain, too. So,
why don't we start getting them like
epidural injections, facet injections?"
And that kind of went on for a really
long time. And then people realize,
well, these traumatic brain injuries are
really good cases and they're hard to
see and we've just been missing them
completely. And now kind of traumatic
brain injuries are like the flavor of
the month. So, you know, I don't know
about any loopholes like in particular,
but what I can say is is that the kind
of zeitgeist of the time changes with
what's acceptable and what's popular in
terms of treatment. And it's gone kind
of from TMJ to epidural injections to
traumatic brain injury. Now CRPS is kind
of popular. I don't know if you've heard
of that. So this is actually if you ask
about interesting cases, it's called
complex regional pain syndrome, right?
And what it is is a neurological
condition and it's usually caused by a
trauma. So let's say like a baseball,
you're sitting at a baseball game and a
baseball hits you in the arm, you break
your arm, right? When that arm breaks,
what can happen is is it can cause a
neurological uh uh damage that creates
phantom pain in your arm. So, you'll
have pain in your arm. It's not
physically caused by anything. It's all
in your brain and it never goes away.
Surgery makes it worse, right? You can
do ketamine injections to kind of
improve like how how much it, you know,
the pain causes you, but it's really a
permanent cognitive, you know, injury
that just you live with for the rest of
your life, right? And we had a case
where a woman's foot got run over. She
fractured her ankle and she had CRPS and
we ended up getting like $1 and a4
million for the CRPS case. And it's a
very unusual diagnosis. And you talk
about like kind of loopholes or things
to look for. It's one that 99% of
personal injury lawyers have never heard
about, right? There's other ones like
thoracic outlet syndrome. Um there's,
you know, there's a lot of things like
there's neuro optoma optomological
issues that people kind of find too. Um
but it's one of those weird things that
people don't look for. People like, oh,
a fractured ankle. Well, do they have
discoloration? Do they have swelling? Do
they have shooting pain to that area?
Well, it might be CRPS. So, of the
10,000 plus personal injury cases you've
taken on, which one did you disagree
most with the
verdict? So, you know, we haven't had
any verdicts that we got zero on. Um,
there are verdicts that we got smaller
amounts on. So, I had one, um, I'm not
going to give the client's name, but it
was in Riverside, and we had very, very
high hopes for this this trial. She was
at a uh Chinese food restaurant and she
was a very nice lady, very attractive
older woman, had you know large uh you
know fake breasts, right? She was with
her boyfriend who was a pilot, right? Um
and the waitress spilled hot tea on her
breasts and it left scarring, obviously
psychological problems, PTSD.
um they offered I think three or400,000
before trial and we turned it down and
we went to trial and we didn't realize
you know how little a jury would value
uh a scarring you know on a breast like
that um I think one of the problems she
was a slightly older woman you know late
40s early 50s right you know scars on
younger women tend to perform better um
I think you know when people have fake
breasts you know and are a little more
superficial people maybe don't
sympathize as much with them. Um, but we
ended up getting like 180,000 in that
case, something like that. And, uh, the
verdict was, you know, so low, uh, even
though 180 is, you know, a decent
amount, it was so low for expectations
that the judge actually added money to
the verdict. He did what's called an
additor. So, a judge can actually add
money to a verdict if they think it's
unfair. So, that was probably the most
disappointing, biggest letdown in terms
of like what a verdict was. I'm really
curious when it comes to profiling, have
you found that things lead to larger
claims like age, tattoos, hair color,
piercings, things like this? No, I
haven't seen anything that indicates
that. The only thing that um is unfair
is weight. They heavily heavily heavily
take into account weight, height. Like
if you're like 6'5 in a tiny little car,
like your ability to be hurt is much
higher, right? You have a lot less
protection. You know, you can hit things
more easily. Um but really weight is a
huge one. Um they'll say, "Oh, you have
a knee tear, but like you're fat, so you
know, it's probably from your weight."
Um uh and and age. You know, if you're
an older man, you're more likely to be
injured, right? If you fall on carpet
and you're 90 years old, you're going to
break your hip. If I do a kick flip off
five stairs and fall on my hip, I'm
gonna be sore for a couple days, my kid
might make fun of me, but that's about
it, right? What about disposition? Like,
if you're very friendly and outgoing and
innocent and kind of naive, do you think
that the jury tends to side with those
types of people more? So, I think people
like people who are more relatable. If
you're too professorial, right, if
you're too um academic, right, too put
together, a jury might think you're kind
of stuck up. And if you're too the
opposite direction, right, and like you
can't speak properly, um you seem like
kind of a deadbeat or a junkie, right?
They're going to feel less sympathy with
you because they're like, "I'm going to
give this guy's money. He's just going
to do drugs, right?" I think, you know,
you want someone who is professional,
who's articulate, but also who isn't
stuck up and who's kind of friendly,
right? And that's why this Michael
Garcia case was great. Our client was
well put together, well spoken, not a
rich guy, not a poor guy. He was just
like he could have been anyone on the
jury. And I think they really that
really resonates with them. What are
some of the craziest requests that
you've ever gotten? For example, let's
say someone punches someone else in the
face and they break their knuckles and
they try to sue for that. Have you ever
had any requests like that? Oh, I mean I
get bar fights. I get, you know, um like
I said, the broken penis at the the
strip club. Um you know, most of the
cases though we get are um car accident
slip and falls. We get or car accident
slip and falls. Um we get a lot of
people who go to stores and boxes fall
off and like hit them in the head. Um
you know, get knocked unconscious. We
get bar fights, right? You know, we get
people are stabbed. Um, but really, you
know, the most unusual things are really
like the penis cases. We get weird brain
injury cases. We had one where um a
woman was going down a water slide at
her friend's house. And the funny thing
is the friend owned an MRI facility I
work with and I went to high school with
him. So, I ended up suing someone I knew
from high school cuz she went down this
water slide. And the theory was that the
water slide whipped too hard and caused
her to hit her head when it whipped,
lost consciousness, dumped into the
pool, right? And I call my buddy who
owns the house and I'm like, "Listen,
like, you're lucky it's me who's suing
you because I'm not going after you
personally. The client's your friend.
She doesn't want to go after personally.
We just want to get this insurance
money." And we ended up getting it. But,
um, you know, it was just a really weird
set of circumstances. Like people have
been going down that water slide for
five, six years, but she for some reason
whipped around really hard and hit her
head, you know. How many penis cases
have you had? You know, like 10, man.
Like a lot. Like like way more than one
in a thousand cases have to do with like
a lot of cases, right? Um we had one
where a guy was on a motorcycle. Um he
flew off his penis, like his whole front
part of his body went into a wall. his
testicle was crushed so hard that it it
basically exploded, right? Like he lost
his testicle completely. Like it got
smashed up against the wall. Um and
unfortunately for him, it was only
100,000 of insurance. So, you know, one
of the things that Who did he sue? Um
the other driver who hit him. Oh, okay.
Okay. Yeah. So, someone uh basically
clipped him. So, you know what a pit
maneuver is, right? Where like the
police come and they like come and hit
you on the side. So, someone had changed
lanes in him almost like a pit maneuver,
right? And then he went and hit the the
median. Um, oh, and another motorcycle
one that that I think is kind of
fascinating is we had a woman who was on
a motorcycle and officers are very very
um harsh on motorcycle riders, right?
When they write police reports, they
almost always blame motorcycle riders.
So, she was on her husband's motorcycle
in the back. They were going down uh
like fourth or third in in Santa Monica,
right? Um and there was a stoplight. Um
the light was green, right? The light um
uh they were going through the light and
a car made a left turn in front of them.
They went over the car. So they weren't
at fault at all. So they were just going
straight. Car on a green light turned
left in front of them. She flew over and
she hurt her uterus, right? She had
significant like vaginal bleeding,
uterus was swollen. She went to the OB
and they did MRIs and saw that there was
some structural damage and she was
unable to um have a period for a little
while. And the experts said she'd
eventually be unable to conceive. And so
that ended up being like a big, you
know, seven figure case. But uh it was
highly unusual. I've never had an injury
like that, right? And they try to blame
it on her genetic condition and they try
to blame it on, you know, like her sex
history and all these things. And kind
of going back to this Starbucks case,
did did we talk about I don't think we
did the um arguments they had against
his damages, right? They had some crazy
arguments against his damages. So he was
a diabetic and they were trying to blame
his erectile dysfunction on his
diabetes, which is just crazy, right?
How do they argue that or try to prove
that? So what they said is is that so
diabetes can cause um cardiovascular
issues, right? I'm a type 1 diabetic. So
I was super pissed off about this
argument. Um so when you have
cardiovascular issues, right, your your
penis gets hard based on good blood flow
to your penis, right? You you know your
penis fills up with blood, it gets hard,
you get an erection, and then when
you're done, it kind of like decreases.
So what they were trying to argue is is
that he could not get an erection
because he had bad cardiovascular health
because diabetics who have uncontrolled
blood sugars, you know, get erectile
dysfunction. But it's ludicrous because
at 25 years old, you'd have to have
diabetes for 30 more years to really
have that issue set in. Um, and it
really pissed the jury off. Like really
really pissed them off. Um because you
know clearly he had no erectile function
problems before this incident and then
immediately after he does and they try
to blame his diabetes. It was just
disgusting. What's the most you've ever
seen the defense shoot themselves in the
foot? I I think this case this Starbucks
case was so so they were just flagrant.
It was and and you think because they
were so bad in this it made the jury
award more? I will tell you that jurors
tend to award more when they're pissed
off, right? Um, so in this Starbucks
case, liability was cut and dry. Like if
I actually sat down and we'll we'll do
it after the podcast. I'll sit down.
I'll show you the video, right? And I'll
show you frame by frame how there's the
cup holder, the cup is sideways, right?
And she hands it to him and it falls
over. Like you go frame by frame of the
video, it's unambiguous. You know what
happened, right? And in that trucking
case that I told you about with the
woman who got 37 million, she was
rearended and they fought on liability.
Can you believe that? So the reason they
fought on liability is she had no memory
of the accident. And of course she has
no memory cuz she has brain damage,
right? So she's rearended. They're like,
"Well, we think she cut him off. He she
stopped abruptly." And she was going
somewhere. She had gone a million times.
Her 9-year-old son was in the car the
whole time. I mean said they had come to
a complete stop and they still try to
argue she cut off the truck and slammed
on her brakes with no basis. And on top
of that, the police report said nothing
about that. Don't you think if you were
the truck driver, you would have told
the police you were cut off, right? So
all of those things just piss off a
jury. They just make them super upset.
One thing that I think would be fun just
to comb over real quick is how you
learned about him. Oh, this is fun.
Okay. years ago, you posted on Reddit
Fatfire, and you would post these
updates every single year about your net
worth, your income, what you were doing,
what was working, what wasn't working.
And I followed those for years. Yeah.
And you posted something about a year
and a half ago. It might have been 2
years at this point. Okay. Where you
posted the stats of where you were net
worthwise, your income was going up, and
you posted stats about your wife, like
she's 5'1, she weighs 107 lbs. stays
fit. I bench this. And everyone was just
ganging up on you for like objectifying
your wife. And I reached out to you, I
think, from that because I found your
story really, really, really
interesting. And I reached out. I said,
"Hey, if you're ever in Vegas, let me
know." And it was through that that we
became friends. Yeah. Yeah. So, you
know, I um really love mentoring people.
I really love sharing information about
how I've been successful because I don't
think it's necessarily hard. I think
it's most people don't have the
information to do it, right? You know,
the process. If you're willing to work
hard and you have the information, you
can get rich, you can become successful.
So, I really like sharing those stories
online. Um, so I've been posting every
year for maybe the last eight years, my
revenue, my net worth, where the status
of my firm is, and I think like you
said, two years ago, I think you saw it.
And I think one of the things that kind
of drew people in that was interesting
is me posting about my wife, right? And
I got all these comments, it was like,
you know, you're objectifying your wife
and you know, this is like chauvinistic.
And I think my response to that was my
wife likes being objectified, right?
Like what woman wouldn't want her
husband, I've been with my wife just,
you know, 22 years. What woman wouldn't
want her husband of 22 years to still
think she's sexy? to still think, you
know, she's an object worth possessing
and, you know, uh, loving and, you know,
spending time with and touching and all
those things, right? Like that's like
that's romantic to me, right? That like,
you know, it makes my wife feel happy.
She likes it, right? So, who's anyone
else to say that's a bad thing, you
know? So, why do you think that so many
people have unsuccessful and unhappy
marriages?
Um, I think there's a lot of things that
come into marriage that make it bad. I
think one of the things is um intimacy,
right? I think and I I'll go through a
few of them, right? And I've I've had
these conversations with people before,
but one of the biggest things is
intimacy. I think, you know, if you kind
of get to the point where you're just
friends or roommates and the intimacy
goes away, it really hard is hard to
have a close, you know, relationship
with someone. So, like my wife and I
always make it a point to have dates,
right? Every single week we go out and
have dates. Every single week we talk
about our goals. We really like share
deep like, you know, what our desires
are and our needs. Um, you know, I have
a five and a seven-year-old and I get my
brother and sister to watch them or my
mother-in-law. So, we spend a lot of
quality time together both in and out of
the bedroom. And I think that keeps us
really close. Um, I think you also need
someone who's easygoing. And I know like
people are going to take this the wrong
way, but like you know, women are really
difficult, right? like 80% or something
of divorces are initiated by women and
women are going to set the pace of the
relationship. If you come home and you
have a bad day, your women your, you
know, your wife can make it good or bad,
right? Your wife, how they react when
you get home can turn it into a good
situation or a bad situation. So, I'd
say outside of intimacy, the number one
thing for me is having a wife who's
very, very chill. My wife's not a big
spender. My wife doesn't have high
expectations. My wife is very maternal,
right? She loves taking care of the kids
and I mean she's smart, she's a lawyer,
she worked for a crypto company, but
she's also not highly ambitious in the
sense of, you know, she puts career
before her family. Um, so there's a lot
of things, but I think those are kind of
like the big bullet points, but number
one is intimacy and number two is a wife
who is easygoing. If you get a type A
wife, you're in for a lot of trouble.
And what's your advice to single guys
out there who are looking to try to find
the right person? I would say, you know,
give it time. People are in such a rush,
especially guys. If you're talking about
guys, you have forever. Like, you could
be 50 and find a wife, right? For women,
um, you know, the timeline's a little
shorter, right? But for men, I would
say, you know, make sure you get along
with this person, spend a lot of time
with them. If you meet a girl at 40 and
you wait till 45 to marry her, there's
nothing wrong with that. I I started
dating my wife at uh 19 and we didn't
get married till 29, right? And it's not
because, you know, I didn't want to
marry her, but there's no rush. Like I,
you know, I vetted out, we lived
together, we bought a house together.
Um, and I saw through all the stressful
things that she she was super chill. Um,
but yeah, I got a lot of hate from that
Reddit post. And at the end of the day,
my wife loves when I call her, you know,
sexy, when I slap her butt, right? Like
like it makes her feel good. It gives
her high self-esteem and it makes me
excited. And you know, there's nothing
wrong with that at all. Do you feel like
you have FU money? I'm probably in the
low 40s for net worth right now. Um, my
income last year was probably around 15
or so million. Um, this year probably
closer to 35 or 40 just cuz I have some
big verdicts. 35 or $40 million in
income income this year. Yeah. Yeah. And
that's net. That's not gross. California
won, man. The IRS is the real winner
here. Yeah. Oh, I pay a lot in taxes.
Right. So, so the way my firm's set up
is um we we do no advertising by the
way. I have zero advertising. I think I
might have had a sponsored post from
this verdict, but clarify by the way
that this is not an advertisement that
you're not paying for this. This is just
purely just interested. Yeah. Yeah.
Yeah. And Yeah. So, we don't advertise.
It's all word of mouth. I have about
2,000 cases. I sign up about 150 to 200
a month. And it's all customer service.
Clients have my cell phone. My brother
works for me. my other brother, my
sister, my brother's best friend, his
brother. We have a married couple, their
three cousins. It's a family business
that specializes in hard work and good
communication, right? Like we treat
everyone like family. Um, so our costs
are extremely low. Our margins are 80
90%, which is why I net so much. But
yeah, last year netted around 15 with
these two big verdicts, maybe 35 or 40
I'll net. Um, and probably my net worth
by the end of the year, 60 million,
something like that. So, if your
question is, do I have FU money? The
answer is yes. But I've never cared
about money. I bought a house for a
million bucks in 2016, still living in
the same house. I pay 15K a year in
property tax. Um, you know, I uh send my
kids to Catholic school, which is like
six grand a year. I think our family
expenses are maybe 250 a year with
travel and everything. You know, we do a
few big trips a year, but my hobbies are
all cheap. you know, uh, scuba diving,
jiu-jitsu, I shoot, you know, uh, I I
don't care about money at all. I just I
I care about winning and and doing a
good job. Is there anything that you
watch the price of? No. No. Like, in
terms of investments or in terms of what
I'm doing in terms of like expenses or
spending money on fun or this or that,
car, a watch. No, nothing. I get what I
want. That's actually the best part
about having money. And and I always
tell people the first $2 to3 million
gives you 90% of the happiness with
money, right? Like literally 90%. When
you can go to a restaurant and order
whatever you want and not think about
the price, when you can go to the
grocery store and not look at what the
price of meat is or bread or eggs,
right? The eggs are the big one now,
right? And you could just buy it without
even looking. Like I just hand them my
credit card. I don't even think about
it, right? That's like 90% of the
happiness you're going to get, right?
getting like a Bugatti or like a McLaren
or Ferrari or flying private in a
private jet. That stuff adds such a
small amount of happiness at the end of
the day. And I've tried those things,
right? Like I've tried driving exotic
cars and flying private. They don't make
me that happy. I feel way happier when I
can walk into a restaurant, order like
an awesome meal, and then like hang out
with my wife and have fun and go home.
Walk us through the different tiers of
wealth. Like what you could get access
to at a million dollars, 5, 10, 20, 50.
Right. Right. Is there is there like an
ideal network? Like what are the primary
changes in your life going through
those? I mean I can't tell you for like
a hundred million or more, but what I
can tell you is like up to 50 million
kind of what you're looking at, right?
So like you have the first stage which
is you're living paycheck to paycheck.
You're struggling. You can't eat. You
can't pay your rent. You're doing all
these things. Like that's when not
having money really causes you
unhappiness. And no matter who you are,
no matter how positive, you're going to
be miserable when you're broke. Everyone
who's broke is miserable, right? Then
there's kind of the next tier where
you're like meeting all your bills, you
have enough income, you're living
paycheck to paycheck, but it's a decent
paycheck. You can get a nice apartment
and all those things. Um, I think then
the next huge jump is just having
discretionary income, right? I'm talking
about people who make like 100k a year,
right? You can go to movies, you can go
to Disneyland, you can not worry about
gas in your car. And then there's like
this like you know kind of dead zone
where it jumps up to a million or two
where really you are comfortable. If you
don't like your job and I think this is
the best tier to hit the most important
tier to hit one or two million bucks. If
you hate your job you can quit for 6
months. If you hate you know where you
live you can sell your house and buy
another house. If you want to go on
vacation to decompress, you can pay for
it. Right? Kids want to go to a better
school you can afford it. That's like I
said 90% of the happiness. Five million.
You know, there's what was that that
movie uh where they talk about the
brokeest rich person, right? Yeah. The
brokeest rich person or the largest
[ __ ] at the circus or whatever it is,
right? 5 million's cool cuz you kind of
can do all those things, but you still
have the risk of losing it from a
medical issue or being sued. I think 10
million is really where you've won,
right? I think if you can't be happy at
$10 million, you'll never be happy. at
$10 million at a young person at 3%, an
older person at 4%, you're getting
enough income, even a in a high cost of
living, you know, city to have a house,
go on vacation, and kind of enjoy things
without worrying about costs. Um, I
haven't noticed much of a difference
between 10 and 20, 20 and 30. At 40, I
kind of notice a difference. I can fly
business class or first class. Don't
worry about that. our vacations now
instead of being 20 grand or 50, but the
the increase in happiness is still
minimal, right? There's diminishing
returns on money. Like a billionaire and
someone who has 100 million, there's
going to be no difference in happiness.
How do you protect your money? Lots of
insurance, right? Lots and lots and lots
of insurance. So, we have um an
underlying policy for everything. So, we
have 250,000 for auto, 500,000 for
homeowners, and then a $10 million
umbrella. So, if we get sued, it would
have to be something so catastrophic
that 10 million would be adequate. But
to be honest, if we had an injury worth
more than 10 million, they would
probably accept the policy because the
risk of getting less than 10 million
would kind of push them to accept that
$10 million policy. Could you get an
umbrella for more than 10 million or is
that the the highest it goes? Oh, you
can do layers. I mean, you can go to
like Lloyd's London and get like
hundreds of millions of dollars. So, why
don't you do 20? I mean, at some point
there's diminishing returns, right? At
some point, like what's the chance of me
getting sued for like more than 20
million, 30 million? I guess I could
spill coffee on someone, burn their
penis. Um, but I mean, what what have
you noticed in terms of uh, you know,
increase as you've gotten more wealthy?
No difference. Yeah. Right. Really no
difference. Like I live the same life as
I did in 2016, and I think you probably
do, too. I think honestly the only
difference that Jack would have noticed
is that now I'm I could splurge a little
more for an Airbnb and I don't sweat
like the $100 difference. You could have
done that $10 million ago though, right?
Yeah. I still look at prices, but but
that's just because like I think that's
just me. Graeme is like selectively
frugal. There are certain things that
he's very frugal with and I don't think
that will ever change. There are other
things that he really values and I guess
he's okay with spending more on that and
that kind of also hasn't really changed.
Yeah. Nothing has really changed. But
that's more of like a personal
preference versus like it is more of a
personal Yeah. I'm just talking about
generally like you just don't have to
worry about certain things. Like if I
take friends out to dinner, I'll just
always pay for them cuz I just don't
care, right? Like it just jack what?
What? Looking at Graham. Yeah, that's a
great You know, I like that a lot
actually. I think someone could take uh
some notes from that. Yeah, I mean I
like being generous. Like I like um you
know taking people out to dinner. I like
helping people out. Like actually a lot
of the things I've done with my wealth,
I bought my brother and sister a house,
right? Um I take uh my brother and
sister on every vacation we take. So we
just went to Iceland, you know, I paid
for my brother and he brought a friend,
you know, we all flew first class. We
all stayed at like really nice hotels.
And to me, that's what money's for. Like
I don't want anything, you know? I mean,
I guess I have some nice watches, but I
bought these 6 years ago. I haven't
bought a watch in 6 years, right? Uh I
live in the same house I got in 2016. Um
you know, my kids go their their school
cost is 6,000 a year. So even though I
have, you know, $40 million right now
and I'll have another 20 by the end of
the year, like nothing I'm doing is
expensive or much different than I did
before, right? If you could impart one
piece of wisdom to the viewer, the
average person out there, what would it
be? Stop giving a [ __ ] Like stop
worrying about other people. Like the
happiest I am is when I don't worry
about other people, right? Like when I
go to work and someone's upset or
someone, you know, client's pissed at
me, just, you know, the only one at the
end of the day who cares about you is
you. Maybe your mom, right? Maybe if
you're lucky, your kids, but at the end
of the day, no one when you die, no
one's going to give a [ __ ] They're
going to talk about the same things they
were talking about the day before.
They're going to leave your funeral and
talk about the food or whatever it is,
right? Like no one's going to care about
you more than like one or two people in
the world. So just remember that every
time you're like scared about what
you're going to do, who you're going to
let down, every time you're scared about
failing, like the number one thing you
need to look at is that no one in the
entire world is going to care about you
except for like one or two people. Your
mom, your kids, maybe your wife, right?
And those are the only people whose
opinions you should value. Cool. Thank
you so much for being on the ice coffee
hour. That was a great conversation.
Yeah, thanks, dude. I appreciate you
guys uh inviting me and uh it was it was
a good time. Absolutely. We'll put your
info down below in the description. Uh
and like I said, none of this is
sponsored. We have no financial
compensation. I don't want one person,
oh, you're just promoting. There's zero.
There's not. This is all from a Reddit
post.
If you go on Reddit, like you could
probably find my information. I don't
know if you want me to give it out. I'll
link it. Yeah. Yeah. Your Reddit will be
down below, too, if you guys [ __ ] law
guru. So, so yeah, I'll link it. Thank
you so much. Yeah, of course, guys.
Thanks so much.