Lawsuit Question and Vent

Pirata13 · November 2009

Ok I understand now with you saying it falls to your insurance company to cover. And of course they will see what they can get out of her before they pay anything. Based on your "she is always giving us the run-around" comment, I have to ask--are you guys in contact? Is she calling you?

MeaghanandMichael · November 2009

Tide - as far as I know the police officer we talked to said all she would be getting is a ticket. Both our lawyer and the police station pretty much refuse to give information on this woman and it is very frustrating.

Soon-to-be Mrs. Vogt · November 2009

You're right about that! She definitely wasn't driving safely, both in her actions or by having insurance in case she did mess up. Maybe rather than hoping for forgiveness right away, you can hope she took something from the accident. If you're spiritual at all, maybe pray that she drives safely and has learned from her mistakes.Once you're invested in her as a person and not just an idiot, it makes forgiveness a lot easier

(Not trying to preach at you at all! This is just sort of how I get to that point of forgiving, so I hope it could help you)

Anon I. Mouse · November 2009

Attorney's still have to work WITHIN the system. They can't jump over the required procedures, and those required procedures require time.So yes, you hired your attorney to navigate the system, however the key is navigate...they can't ignore that system! You are their client, but they are primarily officers of the court and representatives of the legal system.

baystateapple · November 2009

I was in an accident in August of 2005 (my mother was driving the car and we got t-boned on the passenger side). My pelvis was broken in three places, I cracked three ribs, and I needed reconstructive surgery on my face to take out the glass and repair the skin after my face went through the side window.The settlement dragged on until mid-2007, almost two years after the accident. I think it's pretty normal, but it did suck. They wanted to evaluate me after a year to find out how much of my body had actually repaired and how much was chalked up to loss, and they wouldn't even do any surgeries to my face until six months afterwards. In the time between the accident and the settlement finally going through, I lost several jobs due to my injuries, had to withdraw from school because I'd missed too much time in the hospital, and was in debt up to my eyeballs with medical and living expenses. It was terrible. BUT. As long as it took, it was worth it.And yeah, it IS really hard to forgive after something like that. It was easier for me to forgive my mom (although it was hard at first because she kept denying that she'd been driving carelessly -- it was completely her fault), but yeah...it's really hard to move on after something like that. I don't know how I would have reacted if it happened to someone I loved, instead of to me (we tend to forgive wounds to ourselves, but not to those we love).

MeaghanandMichael · November 2009

Ivy - thank you so much, I think I am ok for now and I already apreciate your point of view here. I will let you know though, especially if I talk to Mike and he thinks of something.Pirata - She returns Mike's calls about twice a month. I don't expect every day attention by any means, but maybe once a week? When she does call she rarely has any news so I am guessing that why she is not calling. However, it is not that hard for her to just keep us in the loop with a five minute phone call once a week right?To all - thanks for you kind words on Mike. I don't know why this is getting to me today more than other days but I appreciate you letting me blow off steam about it. You girls are the best.

MeaghanandMichael · November 2009

Preach away Vogt!

Baystate, I am so sorry to hear that. I hope you are feeling better now. And yes, I think you hit the nail on the head that I am overly defensive of Mike on this one.

MeaghanandMichael · November 2009

Lindsay, this is why we decided not to go to court and just handle things through our own insurance company

It sucks to be suing your own company, but they expect it and also this woman really has nothing worth going after.

Piper_62 · November 2009

[img]http://widowblogman.files.wordpress.com/2009/07/neverending_story_dvd_1096.jpg[/img]

Calypso1977 · November 2009

if this goes all the way to trial, it could take 3-4 years before you see any money.

fangsiting · November 2009

She returns Mike's calls about twice a month. I don't expect every day attention by any means, but maybe once a week? When she does call she rarely has any news so I am guessing that why she is not calling. However, it is not that hard for her to just keep us in the loop with a five minute phone call once a week right?That sounds very attentive. Once a week when there is nothing to report is unreasonable. Honestly, I don't think you could find any attorney who is willing to call you once a week just to let you know that there are no updates. I understand it is frustrating when you are on the outside, but unfortunately all you can do is wait. If you went a month without hearing something, then maybe be concerned that she is blowing off your case.

Calypso1977 · November 2009

ditto, fang. at the firm i worked at, all files had a 30-day tickler.

MeaghanandMichael · November 2009

hahah piper, DED. That is exactly how I feel about this whole situation.

LarissaAnn · November 2009

Yes, it takes this long. Sorry that's not the answer you want, but often the more extensive the injuries and the more you need the money, the longer it takes. As for the questions as to how you'll collect if she didn't have insurance or anything, there are a few options: wage garnishment if she does get a job, or your own uninsured motorist coverage from your own insurance policy.

dianenjnj · November 2009

not at all unusual. it could take a few years for your case to come up on the court's calendar...depending on where you live. many cases, unfortuantely, take years to resolve...just don't let them make you settle for a token amount. you just don't really know how his injuries might effect his future. many people do become impatient (with good reason), and the insurance companies know that...that's why they postpone and postpone in order to wait you out.OMG, sorry, i just re-read your post...if this woman has no assets and had no insurance, i don't know what your lawyer can get out of her! on the other hand, hopefully you have insurance that covers this type of accident (being hit by an uninsured driver). as an aside, her sorry butt should be put behind bars!

future-weddedbliss · November 2009

I'm an insurance defense attorney (i.e. I representt insurance companies in suits such as yours). They are correct in telling you that these suits drag on for a long time. Libility (the fact that he was rear ended) is not the only issue to be resolved before payment can be made. The other issue is causation, which means that the insurance company has to know that his injuries were related to the accident did not pre-date the accident. Most plaintiffs suffer from back and neck injuries; therefore, we have to subpoena their medical records to make sure they were not having back and neck pain before the accident. That takes awhile, but it is necessary because there are so many frivolous claims these days.

baystateapple · November 2009

Thanks, I'm fine now. There's residual pain, but that's to be expected, to be honest. Just make sure (and I'm sure you know this already, but it bears repeating) that you have everything documented. All his days off, all evaluations from the doctor. And (I got this from my father) tell Mike not to let the insurance company "lowball" you. Most of the time they don't, but if they're not being compensated themselves (since she didn't have insurance or assets to seize), then it's always a risk. Good luck. Hopefully it will all be cleared up shortly and you can put it behind you.

Pirata13 · November 2009

She returns Mike's calls about twice a monthBased on most experiences I have had/known of (I had one rear-end accident), the two parties should never talk once the insurance companies are notified. You may want to ask your insurance agent or attorney about this. All communication to her should be handled by one or both of them.

ivystar57 · November 2009

Pirata, "she" is their attorney. I think phone calls twice a month is really great. I doubt you will find that at another law firm, especially if there is nothing new to report.Let me know if you need anything.

Pirata13 · November 2009

Ah ok I misunderstood way earlier that it was the woman who hit Mike, not the atty. All clear now. Oops.

ivystar57 · November 2009

It's ok. I've been told by my superiors that we are allowed to forgive because you're hot. yup.

future-weddedbliss · November 2009

also, you can't "press criminal charges". Whether to prosecute someone for a crime is up to the district attorney, not an individual citizen. All you can do is bring a civil suit, which is what you have already done.

Lauren Beth · November 2009

Good luck with reaching a settlement! I have been rear-ended twice in the past 2 years and it is so horrible! Luckily I was never injured too badly, just whiplash, back issues, etc. Oh and the trauma that ensues now everytime I am slowing down and see the car behind me still speeding along! I think that for drivers who rear-end someone (as in your H's case) that there should be a fine/ticket of some sort. A lot of rear-ending wrecks could be avoided if people didnt tailgate so much all the time, and I think if people started getting ticketed for causing damage in this way, it might help the problem. Just a little vent of my own!

future-weddedbliss · November 2009

There generally is a fine/ticket, but it is paid to the state, so other than helping to establish liability, it has nothing to do with a civil suit.

carrieoz_76 · November 2009

Meaghan - I haven't had time to read the whole thread, but I just wanted to add a few things. First, it can take a really long time to resolve something like this - especially if it goes to trial (which they rarely ever do). Second, if a lawsuit hasn't actually been filed in court, I would want to at least check to make sure that this is done before the statute of limitations - which depends on your state. Your atty should be able to tell you when it runs, and what the plan is for getting something filed before then. But even if you do, that doesn't guarantee things will move along - it just preserves options.Also, you do have the option of going to a different lawyer. Of course, this can lead to further delay. I would base this decision on whether I had good referrals to the lawyer I currently had.Lastly, and probably most importantly, while many people think that resolution of a lawsuit will bring them closure - it actually can really extend closure and make things more challenging to get over. Instead, try to address how you're feeling now between you and your FI, and keep those emtions totally separate from the lawsuit. Lawsuits, whatever the resolution, rarely bring people closure and help them to feel like they were in the right all along. Try not to tie your emotions to a lawsuit - that's a recipe for extending the hurt and anger, rather than moving past it.I'm really sorry this happened to you guys, and I wish you only the best.

MeaghanandMichael · November 2009

Carrie- thanks for your words about closure. I think you are on to something there.Pirata, Calypso and Ivy... I am guessing you guys are very right that the norm with firms is the 30 day rule. I obviously have no idea how firms run and I will take your word for it. A little piece of my just wonders how hard a five minute phone call could be, you know? I know I do it in my own job every day following through on parties that are booked months and years in advance. Lauren- here here to that!

carrieoz_76 · November 2009

Oh, and I know you guys are married, so he's not your FI. Drr. I need to type and pay attention to what I'm typing at the same time.

Calypso1977 · November 2009

actually, a 5 minute phone call requires pulling a file and most likely writing a slip for the billable hours (time spent finding the file, reviewing the file, and making the call). depending on how big the attorneys case load is, the files may be stored in a file room, which woudl require a secretary to go "fetch" it, then the attorney has to take a quick flip through to refresh their memory as to which case it is, then go from there.time is money, and most likely your attorney only gets paid if you get paid, meaning at the end of the lawsuit. if you lose, they are out all of the costs. therefore, they aren't going to spend time on your case unless they need to, if they have a larger client that's on retainer that has more immediate issues.

ivystar57 · November 2009

Calypso said it better than I could.

MeaghanandMichael · November 2009

actually, a 5 minute phone call requires pulling a file and most likely writing a slip for the billable hours (time spent finding the file, reviewing the file, and making the call). depending on how big the attorneys case load is, the files may be stored in a file room, which woudl require a secretary to go "fetch" it, then the attorney has to take a quick flip through to refresh their memory as to which case it is, then go from there.My goodness, we wouldn't want the attourney and secretary to have to do all that work they are paid to do now would we? But seriously, Either that or they are just over loaded and that on the other hand is not appropriate and unfair to them. I am sure many people would be happy to save the money on the billable hours end but I would much rather have the peace of mind I got a lawyer for in the first place. I probably should explain this more clearly to my lawyer.

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