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OT/ Legal question for John T

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135 Fan

01-07-2008 22:25:13

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John, since you're a lawyer maybe you can answer my question. I am involved in a lawsuit with a company. I had a lawyer write to the company informing them of my position. They forwarded the letter to their lawyer, who responded back, saying he had been retained by the company and that all further corrospondance should be sent to his office. I filed a statement of claim and sent it to the lawyers office. I did not hear anything back within the time limit, so I went to court to get an assesment of my damages. The judge thought it was odd the company didn't file a dispute note and then told me the statement of claim wasn't considered corrospondance and that I would need to send a copy of the statement of claim directly to the company. Then the company had another 20 days in order to file a dispute note. I asked the lawyer I had about it and she had never heard of this. Why is the statement of claim not considered corrospondance? I sent it to the lawyer representing the company as he had asked and would think he would have the professionalism to forward it to the company or at least inform me to send a copy to the company. Your insight would be appreciated. I think the judge just wanted to give the company more time. Dave

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dave guest

01-08-2008 19:03:23

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Re: OT/ Legal question for John T in reply to 135 Fan, 01-07-2008 22:25:13

There are lawyers, and there are LAWYERS? Like a box of chocolates, mama said.

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kyhayman

01-08-2008 13:30:01

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Re: OT/ Legal question for John T in reply to 135 Fan, 01-07-2008 22:25:13

Its all part of the 'grand scheme'. Dating an insurance adjuster has been most enlightening to me. Cases are settled based on the 'pound' theory (more pounds of paperwork in the file the more serious the claim). The policy is token offer or actual documented costs for 'provable' loss such as broken bone, surgical costs, etc. If someone offers to settle for actual doctor bills and documented time off work, no problem. Soft tissue claims, pain, and general liability relating to other types of suits its sit on until served. When served token offer. Case file needs to be at least 2 years old and be of a certain size before the offers get serious. The more paperwork that the ins company's attorney has, the bigger the settlement.

In your case, Id suggest looking up the rules of civil procedure in the particular court at issue to see what consitutes service of process. Here, correspondence between members of the bar can be served by first class mail. Any other correspondance has to be served in person or by certified mail with return receipt filed with the clerk of the court. If it relates to motions and such it has to be first filed with the clerk of the court, then served, but the copy served does not have to be certified as filed. Lawyer game so opposing council has to go to the courthouse and request a copy.

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Mike (WA)

01-08-2008 08:12:11

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Re: OT/ Legal question for John T in reply to 135 Fan, 01-07-2008 22:25:13

I don't know what state you're in, and don't know the nature of your claim, but it sounds like you needed to serve papers on the company to start the lawsuit. If such is the case, even mailing it to the company and/or the lawyer would not fill the bill- you need to have it actually "served" on the party by a process server.

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MarkB_MI

01-08-2008 03:08:17

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Re: OT/ Legal question for John T in reply to 135 Fan, 01-07-2008 22:25:13

I don't understand "went to court to get an assesment of my damages". Are you saying you filed a lawsuit? Was the company properly served? The burden of proof is on YOU to prove that the company owes you, not the other way around.

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135 Fan

01-08-2008 09:43:19

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Re: OT/ Legal question for John T in reply to MarkB_MI, 01-08-2008 03:08:17

Yes, I filed a lawsuit. I sent the statement of claim to the companies lawyer as he requested that all corrospondance should be sent to his office. No dispute note was filed in time, so I noted the company in default. A court date was set so a judge could hear my case and decide what the damages should be. The judge thought it was odd the company didn't file a dispute note so told me I needed to send a copy of the claim directly to the company. I talked to my lawyer about it and she has never heard of this happening before. She said in most lawsuits a lawyer will accept a claim on behalf of their client and actually prefer that the claim is sent to them. This is just a stalling tactic. I would have thought that a lawyer is considered an officer of the court and would have enough professionalism and decency to forward the claim to his client or inform me that he wouldn't accept it. I guess there's a reason why most lawyers have a bad reputation. It's total BS. Dave

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colekicker

01-08-2008 00:44:56

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Re: OT/ Legal question for John T in reply to 135 Fan, 01-07-2008 22:25:13

Forward it to both.

Here is a better one. Wife went in because she had an eye infection. Filed under insurance. Month later, eye doctor sends us an invoice, says insurance filed. I went in today and asked if it had been filed. They said yes, but the insurance company didn't pay. I call the insurance company. They said they had no record of it ever being filed. Hand the cell phone to the secretary, and they ask her to fax the claim in. Secretary says they filed it electronically.

The secretary goes on to tell me this is a monthly occurence with most of the insurance companies they deal with. Insurance company won't pay, claims they didn't get the information. Secretary then after a month has to send invoices to patients.

It is frustrating how much control the insurance commpanies have. They can screw the doctor out of their money and make the person covered pay again. Sure must be nice to be in a business where you can make money coming and going.

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135 Fan

01-08-2008 09:46:24

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Re: OT/ Legal question for John T in reply to colekicker, 01-08-2008 00:44:56

Thank you! I think you have a clear picture of what's going on. Insurance companies are probably told to do this by their lawyers. It's also a big load of BS. Dave

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