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It's irrelevant whether they send a letter. You can sue anyone for anything at any time, within the statute of limitations which for a personal injury action is three years. The attorney doesn't have to send you a letter first, or contact you in any way. They may try to do so in order to scare a quick settlement out of you, or they may because they want you to contact your insurance company (which is what you should be doing). But the fact remains, if they want to sue you, they can just go ahead and do it.
Here's how the legal system works - I make a claim, you deny it, then it's up to a jury to determine who is telling the truth and who is lying. Before you get to that point, you'll need to expend possibly several years conducting discovery, meaning the exchange of documents, depositions, etc. During that time you'll need legal representation, which will be provided to you at no cost by your homeowners insurance company, or you can pay out of pocket to the tune of $30,000-$50,000 or more depending on the length and complexity of the case.
Worst case scenario, this woman has a long history of back problems or some crap that a doctor is willing to say is a result of this accident. She's a great witness, and you get a bad jury. Do you want to risk it?
You have literally nothing to lose by notifying your insurance company. They are not going to raise your rates or something just because you tell them something happened. If you lie to them, or don't tell them about it, however, you run the risk of them disclaiming coverage, leaving you on the hook paying for your attorney as well as any judgment.
Interlude is right, Monty is wrong.
Also, what "proof" are you talking about, Monty? The woman will testify that she sat on a chair, it broke, and she was injured. And her doctor can testify as to her injuries. It's really that simple.
All of your bluster, even if true, simply detracts from the credibility of her case, it does not render it unwinnable. People file 100% false claims all the time, you think this instance, where she actually did fall at the OP's house, is going to be "thrown out in a preliminary hearing" (as if there is such a thing as a "preliminary hearing" in state court, or that judges "throw cases out" on their on volition)? If there is a good injury (history of back problems + shady doctor = good injury), and/or this agent would make a good witness, believe you me there are people willing to take the case regardless of how much you try to amateur stonewall.
You have no clue how the legal system works and I'm going to leave it at that because I'm rather tired of trying to educate you. As I said from my first post, the OP should inform her homeowner's insurance and follow their instructions, there is literally no downside to doing so.
Well you are tired for no reason because the OP said in her first post that she contacted her insurance company.
Pat yourself on the back. Job well done.
Last edited by Monty Brewster; 11-20-2012 at 08:07 AM..
Also, what "proof" are you talking about, Monty? The woman will testify that she sat on a chair, it broke, and she was injured. And her doctor can testify as to her injuries. It's really that simple.
What chair did she fall off?
Where?
You can't really think this is going to hold water with no entity to sue and no proof.
Seriously folks...no wonder our rates are what they are...
I'm going to go home, look in the phone book, pick out a randon stranger and sue them because I have a bad back and I got it in their yard. Some lawyer is going to hop on that bandwagon, and file a suit. Yup.
Ya know what his first step would be? Write a letter. Hence my point................
All of your bluster, even if true, simply detracts from the credibility of her case, it does not render it unwinnable. People file 100% false claims all the time, you think this instance, where she actually did fall at the OP's house, is going to be "thrown out in a preliminary hearing" (as if there is such a thing as a "preliminary hearing" in state court, or that judges "throw cases out" on their on volition)? If there is a good injury (history of back problems + shady doctor = good injury), and/or this agent would make a good witness, believe you me there are people willing to take the case regardless of how much you try to amateur stonewall.
You have no clue how the legal system works and I'm going to leave it at that because I'm rather tired of trying to educate you. As I said from my first post, the OP should inform her homeowner's insurance and follow their instructions, there is literally no downside to doing so.
A history of pre-existing back problems and injuries will be found in discovery by the defendant's counsel. Past medical records are not confidential when it comes to these cases and no insurance carrier, doctor or hospital will refuse to turn them over on the say-so of a "new" (shady) doctor and shady attorney. It is imperative that they are turned over with the first defendant's production request. Then where does that leave the plaintiff's case? Very weak.
Last edited by I_Love_LI_but; 11-20-2012 at 10:49 AM..
Also, what "proof" are you talking about, Monty? The woman will testify that she sat on a chair, it broke, and she was injured. And her doctor can testify as to her injuries. It's really that simple.
Not if her injuries are proven by documentation to be pre-existing.
The lesson in all this is if someone falls down in your house, kill them.
Dead men tell no tales...
That would be my choice of action in the matter! Get them before they get you.
Same thing if I was a woman with an abusive husband. Why mess around with the police? It has been proven time and time again when battered women involve the courts and the police, they have a good chance of getting killed by the abusive husband. Ooops, he disappeared and abandoned me! Boo hoo! Get him before he gets you.
In theory, it might seem like the safe way to go, but all it does is allow this crap to continue. I would ignore it. I have ignored it. So you may know or think you know how the legal system works, but it didn't work that way for me in not one but two similar instances.
Tell us more about the two examples where you ignored a lawyer's letter and it came to naught.
Tell us more about the two examples where you ignored a lawyer's letter and it came to naught.
Actually 3.
1- comp case many years ago. out of work a long time. got one of those social security "attorneys" to represent me to collect SSDI. After winning my case and an award, 25% was to go directly to the attorney. 75% to me. Attorney said they might send 25% to me, if they did, to forward it to them. OK... They sent me 75% and 2 weeks later I got the other 25% check made out to me. Called SS and asked why they sent it to me. They said it was against the law for them to send it to the firm. Turns out in some cases it's unlawful for them to collect a fee at all. I kept the money. Lo & behold a year later I sign for a certified letter threatening suit if I don't pony up. They didn't have a leg to stand on but thought their fancy legal letter would scare me. Never responded. That was 17 years ago. Nothing.
2- dentist completely destroyed bridgework but still expects me to pay for it. Sends legal letter threatening litigation. Letter in trash. Money still in my pocket, not the dentist.
3- Wife's mom dies in hospice out of state. laws in this other state are (unethically) such that they can hold next of kin liable for outstanding hospice debt. Over $100K. Sent certified letter threatening litigation 7 years ago. Ignored. Nada.
I don't take the threats seriously. Subpoenas are another story. In the context of this thread, my advice still stands.
Each of the examples above holds more water than Tubby the RE Agent...sorry. And they went nowhere because it wasn't worth it to pursue. The letters, IMO, are a transparent attempt to illicit a response and establish liability. Ignore them and kick the ball back.
Where can I get some of these chairs in time for the relatives coming over for Thanksgiving?!
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