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Got Sued for about 330K ... shockin amount ... Need advice (pg. 3)
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| extacy_bomb |
| quote: | Originally posted by fayraree
The plaintiff even hired a private investigator to take pictures and videos of my friend as he left school to monitor his social life, in case there was any dirt he could drag into court to help the plaintiff's case.
God forbid that your case be handled the same way, but just be on your best behaviour from now until this thing is settled (lol it took 3 years for my buddy) and make sure you keep a positive outlook about it. You can learn a lot from this experience.
All the charges against my buddy were dropped, (luckily no one died so it wasn't all that bad) but if you need a good lawyer, I can refer his or even a couple that I consulted when I had my dangerous driving charge dropped.
Let me know, and best of luck! |
Seems similar to my case in a sense that the insurance authorities do anything to win and play immensely dirty!
please pm me the contact number of your lawyer. I think I should start lookin around for some exprienced ones.
You're compeletly right. I'm utterly focused now and will do anything to defend myself and lead to a deservable and fair outcome. |
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| spitty |
about 7 years ago my mother hit a 27 year old lady. she was making a left hand turn at a stop sign and didn't see the woman. 2 years minus a day the chick sues my mother for 1.1 million, saying she had whiplash (pretty much exactly what u have against you). her brother and mother were also listed in the claim. they stated a 'loss of companionship and help with chores around the house'. they asked for another 1 million. court took about 2 years and it was settled for just over 4000$. my mother went to court once.
ps. good luck |
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| Kytracid |
| Unless someone went flying out of that bus head first and did a face plant on the concrete, there is no way you'll end up paying the entire 375K. I'm no lawyer, but chances are you'll end up paying less then 10k if that. |
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| Pett |
| lol, you signed what without consulting a lawyer? thats just outrageous, you've set your self up pretty bad |
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| Omega_M |
| if the insurance company ends up paying for you, then you will probably end up reimbursing them through hefty premiums :crazy: |
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| extacy_bomb |
^^
Ya I know , I messed up. :( . However the charges are not only against me so the claim's inevetable.
On the side note, I pleaded guilty for this from the begining when the officer was taking a report. So I think they already had enough proof, and this is just an icing on the cake.
I'll talk to a lawyer tommorow and will clear things out. |
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| chinamon |
| quote: | Originally posted by Mortyman
Pay someone half that amount to have that person bumped off ;)
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pfft... you dont even need that much.
hell, i would do it for less than half. |
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| Moral Hazard |
Time for some advice from your friendly neighbourhood insurance adjuster (who specializes in bodily injury claims nonetheless)
| quote: | Originally posted by extacy_bomb
- the sum of 750K for general damages
- the sum of 250K for special damages
- prejudgment intrest on all sums awarded from sep28,1999 to the date of payment or judgment pursuant to the provision of section 138 of the courts of justice act, 1984;
- their costs of this action; and
- post-judgment intrest on all sums awarded from the date of judgment herein to date of payment pursuant to the provision of section 139 of the courts of Justice Act, 1984;
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The above is a "boiler plate" prayer for relief. Do not be worried about the figures, they are not reflective of the persons actual injuries/damages or their right to recovery. These numbers are chosen by lawyers because they add up to $1,000,000 plus costs and interest (which is the policy limits that most people carry). They claim these numbers in the statement of claim because whatever they put in the statement of claim is the maximum that the judge or jury will be able to consider should the matter actually proceed to trial (very rare).
FYI, the maximum amount payable for non-pecuniary (general) damages under tort law in Canada is approximately $319,000. Note: this is the absolute maximum.... the plaintiff would need to be a severely disabled to receive this award, ie. quadraplagia or extreme brain injury.
| quote: |
I have 20 days to defend this claim and I should react soon.
And I really am horrified at the moment :nervous: and absolutely hate myself for what happened, however I wanna deal with this myself and I need some help and advice.
Basically any input would be appreciated. |
CONTACT YOUR INSURANCE COMPANY ASAP. Your liability insurance will cover all costs to defend you and will pay all awards made against you; however, you need to hand over control of the case to them. In truth, your involvement in this entire process will be minimal... you'll probably need to give a statement and maybe attend Examinations for Discovery (a fancy way of saying the plaintiff's lawyer will ask you some questions), but otherwise you will really not be involved.
I DO CAUTION YOU - If you do not get in touch with your insurance company ASAP you may void your coverage, if you attempt to resolve this on your own you may void your coverage. DO NOT ATTEMPT TO DEAL WITH THIS YOURSELF (EVEN WITH A LAWYER). This is why you pay insurance premiums, to protect you from things like this, take advantage of it.
If you have further questions I urge you to contact me via PM, I will help as much as I can. |
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| Skipper |
I do believe there is a statute of limitations on civil claims, but the plaintiff is probably claiming that the injuries and therefore damages were endured over a long period of time...
My first piece of advice is to get this thread deleted and then get a lawyer.
The second cardinal rule of internet message boarding after never post where you work is DO NOT DISCUSS PERSONAL LEGAL ISSUES ONLINE.
The third rule is don't take legal advice from people on a message board. You can be mislead very quickly by someone who thinks they are helping but doesn't actually know what they're talking about. |
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| Moral Hazard |
| quote: | Originally posted by Skipper
I do believe there is a statute of limitations on civil claims, but the plaintiff is probably claiming that the injuries and therefore damages were endured over a long period of time... |
The Limitations Act (Ontario) perscribes that the limitation period for tort actions is two years from the date of which the aggrieved party became aware of the cause of action. Some people believe this to mean they have two years from the date of the accident, they are wrong. In Ontario you do not have a right of action for injuries sustained in an automobile accident until such time as those injuries become serious and permenent. This is to say that the plaintiff can issue a statement of claim 2 years after they DISCOVERED that the injuries they sustained are permenent and serious. |
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| ChemEnhanced |
| I was going to add my two cents but moral took them out of my pocket. |
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| Moral Hazard |
| quote: | Originally posted by activate
the insurance company will fight tooth and nail to avoid paying anything. |
Incorrect, the insurance company will fight tooth and nail to pay as little as they can.... paying something is inevitable. I've paid claims to people that had no provable injuries simply because giving them $5000 is cheaper then defending the action.
| quote: | | also, unless the injuries were very severe (ie broken limbs, permanant disabled etc..) then the chances of them actually getting anything close to that amount are non existant. |
The chances of them gettin $750,000 generals in Canada are NIL. Also a quick FYI, boken limbs are almost worthless if they heal normally, 45K - 65K if it requires internal fixation (that's prior to the $30,000 deductible... so it's really 15-35K depending on the bone). |
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