Posted by medlib on March 4, 2003, at 23:54:24
In reply to I'm losing it..., posted by judy1 on March 4, 2003, at 13:25:28
Hi Judy--
I'm so sorry that you have to go through this! Your initial reaction to such outrageous demands is understandable, and perfectly normal. Anyone would be frightened by such tactics; in fact, a big part of the intent behind such high dollar suits is intimidation. If someone sues you for 5 mil, then you're more likely to settle eagerly for 10-20% of that, feel that you "dodged a bullet" and be willing to overlook the fact that you may not be legally liable at all. My best (non-legal) advice is to get therapeutically ANGRY, then allow that to gradually mellow down to a steely determination not to be a victim this time!
I come from a family of several generations of civil attorneys; similar stories were normal dinner conversation at our house. It's beyond unfair that you should have to, but it sounds like you're doing a good job of marshalling your resources. However, when you speak of "your attorney" I hope that you are referring to your *personal* attorney, not one assigned to your case by your insurance co. S/he may call her/himself your attorney, but, in reality, that person represents the insurance co. in this matter. Your best interests and those of the company don't always coincide; and, when they don't, yours will *not* receive first priority. In particular, ins. co.s are often eager to settle(cheaper for them than going to court), even when "proof" of your liability would not begin to stand up in court. Then, of course, once the claim is disposed of, your ins. is cancelled and you have a judgement on your record which may make getting future ins. more difficult/expensive.
In addition to all the good points Mair made, I'd urge you to examine what happened as if it had happened to someone else. I hope you'll bear with me if I do a little of that here. Let's see: You were in the intersection on a yellow light proceeding at a legal rate of speed when you were struck by a car from the cross-street which had been stopped at the signal? Are there any witnesses who will testify that the light on the cross-street had actually turned green *before* complainant entered the intersection? Even if complainant had "jack-rabbited" into the intersection on green (not reasonably safe driving behavior given predominate driving habits), he was accelerating from stop; so his speed couldn't have reached more than 5mph before impact, at which point his air bag presumably deployed. You were transported to the hospital, but he was not; therefore, he has no point-of-contact proof that any actual injuries resulted from that impact. Even if his "injuries" were documented by physician visit that same day, those injuries could be preexisting or have been caused subsequent to your accident. From a standing start no more than 1-2 car lengths away, he struck your car in such a fashion as to cause an injury for which no immediate evaluation or treatment was sought, but which nevertheless resulted in permanent disability severe enough to prevent all future employment? Riiigghhtt. I believe I detect a foul odor, perhaps, eau de greed with just a touch of extract of contingency and a bit of attar of con game thrown in?
I don't know why I'm so outraged on your behalf, Judy. Maybe it's the notion of someone who's in a lifelong struggle to deal with so much undeserved cr*p getting hit with more. Enough already!! Don't let this one dirty your shoes!
I'm probably the least emotional person around this side of catatonia. Hope my indulgence hasn't made things more distressing for you.
Well wishes---medlib
poster:medlib
thread:205849
URL: http://www.dr-bob.org/babble/psycho/20030203/msgs/206024.html