Personal Injury Law
Ask a Personal Injury Lawyer. Get an Answer ASAP
One carrier suprvisor asked me Who is going to tell us you settled for any money out of court? How does the carrier find out? Its not like there is a record? And from what I may understand, there is no benefit from settling out of court. If there is, what is that benefit, please? An example: A doctor is involved with negligence. The costs so far have exceeded $80K. If I were to settle OOC, it would be for $45. I get something for his screwup and lack of concern and he saves the remainder. No point. I am wasting my time and should just go to court and blast what he did on the net and hand out flyers in front of his office (freedom of speech. Information is factual. People can decide for themselves and I dont have to infer anything).??
The defendants attorney emailed me that I have Medicare. He wanted something from them saying what they spent. I do not trust him because I never told him I had that and they told me that information was private and attorneys do not have special access. Is this correct? Thank you. (SorryI take long to reply).
I told him Medicare never received any billing. He does not accept that answer. He also asked me to send a letter saying I was not injured as I claim, saying that does not affect our original agreement (settlement) if I say I was not. He says this will 'speed' things up. This has been going on for 2 years now. Would you trust him? Can you give that opinion? I would send that paragraph (email without his name) if you are willing to read it. IF that is what he is doing, I then know what direction I am going in since I do not think he would want a judge to know what he has suggested. I did read it to an attorney at the bar. She said she could not get 'involved', but suggested I report him and she gave me the telephone number to that division. I have no interest in reporting him. I assume he is trying to see what he can get away with (my opinion). She told me he had no business asking me to make such statements. She then asked (rhetorically) Why else are you suing? Please advise as you can. This ONE answer can help allot.
Before we can address payment, we have to address Medicare. Before paying out any funds in personal injury lawsuits, companies are required to obtain a letter from Medicare, stating that Medicare is not asserting a lien against the settlement proceeds, arising from costs advanced for medical treatment of the alleged injuries. According to public records, you are a Medicare recipient. Can you confirm that you did not seek medical treatment for the injuries alleged in the lawsuit? If you confirm that you did not seek treatment for injuries arising from the incident alleged in the complaint, I will ask [the company] whether they will accept a document completed by you that will indicate you did not receive any medical treatment from the injuries in the complaint and did not submit any claim to Medicare in connection therewith. Please let me know as soon as you are able re the medicare issue, so that I can get the ball rolling on this.
As it pertains to the letter that was attached, I have to inquire with [the company], but will let you know their response shortly.
PS – you do not have to be concerned about indicating in writing that you did not seek medical treatment for the injuries alleged in the lawsuit. We already have an agreement in place. My request to you was made solely to expedite compliance with the law pertaining to Medicare.
We had agreed on an amount to keep out of court. He said I should receive payment shortly. When I tried to pin down a date, I got an email saying he found I had Medicare and wanted a letter from them saying what they paid (they were never billed).
I did not respond. This was the second, or third time he changed direction. When he sent this, while he speaks of treatment, I felt it equaled no injury. In any event, I did seak treatment (and xrays). I no longer trusted him. I felt whatever his agenda he should not have asked me to say what he NOW felt necessay. He has been emailing every other month since then.
IF he said the wrong thing, I would go to him asking he revise the original agreement ADDING this issue to the list (like never getting his client or register an elevator after 5 years. They would supply no injury reports prior to my incident, or after). His first 'deragotory' was to say I was a scammer and responsible for my own injuries. He also said his firm would sue me for legal fees. Since my incident was no scam, I said go ahead. We went from there. Pointing me in the right direction, would end this misery of 5 years. This is not blackmail. However, I have to go to pre trial hearing (I am asking for a delay, which they tell me the judge will read that day) and do not look forward to saying the points, or what he suggested I do. I feel then I will lose MY direction.
CAN we please forget Medicare. THEY WERE NEVER BILLED. They are secondary coverage, anyway. The primary supervisor said Who is going to tell us anyway if you get a settlement out of court?
As to my question about what he asked me to do, what I think you said is that he should not have asked me to write what he suggets. Even asking me to say I did not involve a carrier IS WRONG. So, IF I understand this, I can then say to him that I am asking the judge to delay the pre trial and giving you one more chance to settle this [pro se, no jury] action. SINCE you have reminded me about possible insurance payments I must add to the 'agreed' settlement amount to cover what insurance must be reimbursed. SOUND appropriate/logical? Some indication here would point me in the direction I am able to go in? Can you indicate that at all, or better for me? Thank you.,
I LOVE YOU! Thank you.
I have hardship going to court. Not evidence issue. Disablities have me in bed 20 hours daily. Recently had diabetic foot surgery that will take 2 years to heal. He KNOWS I
am disabled and still has desire to 'play' games. I now wear a cast and one doc is trying to get me a mobility chair. That takes months (they want me 'off my feet'. Now how do you do that?).
IF I go to court, not knowing what a pre trial entails, I feel I may say what I have not all these years and loose my levarage.
I N O W can email him my response and if he then refuses to add to the 'agreement' I will do what I can in court, on the web, and through a poster and flyers in front of
their store in NYC. I have two relatives who are producers with two stations in NY and they have helped before. They will film 'one persons attempt' at dealing with a store who has a PROVEN history of ignoring NYC regulations and show little care for consumer safety. I know defamation and all. No need.
IF I succeed with this settlement, I will arrange to thank you in a more substantial way. You have helped me. I needed to hear an impartial assessment and you had the guts to give it. Chris.
Sorry to bother again. The defendants attorney has not tried to contact me even though the pre trial is next week. I have sent a request with physicians letters for a delay until I get my mobility chair so I can do things like court (after September. This has been going on for 2 years already. The incident happened in 2008). Wouldnt he be concerned for a clerk being told he tried to get me to say there was no insurance involvement, or that I was not treated for anything (so there must not have been an injury?), or maybe he is playing a game of chicken? I was thinking of sending him copy of request for delay letter and telling him what I think of his tactics and giving him one more opportunity to resolve. Now, however, I must add $2500 for the insurance paybacks. Only fair. HE made it the issue. Any opinion apprecited. DId I mention my injury happened in an elevator that wasnt registered in NYC and has YET to be? That is a $15K initial fine. He doesnt seem impressed, or is trying to make me think that? Thank you.
Yes sir, they got the letter today along with two physicians letters attached. Should I email him and let him know I sent the letter as a 'courtesy'?
Also, does it benefit me to (IF I can) change from pro se to a Small Claims action. Even adding more to a settlement, it remains under their limit. Maybe he would be concerned (trying to get him to resolve this) they would allow me to make a more simpler case than what is involved and he would lose to pain and suffering (adding the fact this has been going on for two years now after I filed)?
I am sorry I didnt get a response email. Didnt know this answer was there. You are great.
Thank you very much for helping me. I wish I could follow up (new questions) with
you. YOU ARE DIRECT AND DONT WASTE TIME.
I need to know how to go from ProSe to Small Claims. Is it appropriate to ask a new question and ask for you? It is a new issue. I need any 'edge' on this fellow I can get. I would also ask please if you explain why SCC would be better for me than PS (clarification would help me deal with him better, I think, when he finds out). Thank you,
I tried sending question weeks ago, but I dont think you got it? Please tell me why switching from Pro Se to SCC would benefit me? Let me know if new question so I can post. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).