How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37953
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I work overseas and have an insurance plan to be treated outside

Customer Question

I work overseas and have an insurance plan to be treated outside the US. Due to clerical errors I was not given the correct card when I went to the country which became known to me once I was denied service at a hospital and had to return to the states for treatment. I believe that there are expenses that my company is not reimbursing, both from travel and lost wages due to the involuntary stateside return, though they probably only amount to about 3K and several days leave I do not believe I should have had to take. Is it worth my time to pursue the matter?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If the amount is fairly small, then you could potentially pursue this via small claims court. If the company is based out of Virginia, for example, the small claims limit is $5,000, which means that provided you have evidence to show that the employer is liable, you would not need counsel and could directly self-represent. I cannot tell you if it is 'worth it', time wise, what I can say is that small claims is extremely simplified and beyond about $100 in filing fees for the complaint (which you can can demand that the other party pay for if you prevail), there is no other financial burden to you. The process would last only a few months in terms of waiting for a hearing, and the hearing itself will likely be no more than 5 to 15 minutes.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37953
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 21 other Legal Specialists are ready to help you
Expert:  Dimitry K., Esq. replied 1 year ago.

Joe,

To answer directly:

Do I need to be present in small claims court, or can I have a representative go in my stead?
You can have an attorney present for you, but then you would have to pay that attorney a fee for representation, and that fee may be $750-$1200 for his appearance. That may be cost prohibitive. In addition someone else cannot appear on your behalf as it would be 'unauthorized practice of law'/

Hope that helps. If satisfied, please do not forget to positively rate. If you have additional questions pertaining to this question, please use the 'reply' button and I will do my best to clarify.

Customer: replied 1 year ago.


Thanks,


 


I did not see this tab at first and followed the link instead. It sounds like since I am again overseas that going to small claims may not be the best answer. Provided that I have reasonable proof that my costs incurred were the result of their mistake, what would you take my chances to win and get attorney fees?

Expert:  Dimitry K., Esq. replied 1 year ago.

Joe,

Thank you for your follow-up. Not a problem pertaining to your response, I assumed that it was a bit in error--no issue as that confusion does occur from time to time.

Small claims does not award attorney fees, so if you take them to court, you become responsible for such an expense. In terms of your chances otherwise, you have to prove that the damages and expenses were a 'direct' result of their negligence, and that it directly contributed to your losses. If you can show that, the burden transfers to them to show that the error was not theirs or that they aren't responsible in some way. Without seeing your facts I cannot give you an honest answer but I can say that the courts tend to first look to written contractual obligations and then intent. So if in writing they weren't responsible for such losses, it may be hard to hold them liable. It is not impossible, you could potentially claim that there was an implied agreement in place, but it is not as simple as maybe you would hope it could be.

Hope that helps.

Customer: replied 1 year ago.


Spasibo vam!

Expert:  Dimitry K., Esq. replied 1 year ago.
Nezhashto! Have a wonderful week!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.