Allan Streib wrote:
Hey speaking of which, I have a legal matter I'd like a quick second opinion on. I've got an insurance claim that the insurer is stonewalling on. I've had lawyers involved already, but we've reached the point where it looks like our only option is a lawsuit. Lawyers tell me that in a civil claim each side pays their own legal fees, which could easily eat up a large part of the settlement if it goes in our favor. Is this generally true? I was under the impression that adding legal expenses to a civil claim was pretty standard.
Snookie can likely explain it better than me, but if the opposing side takes a frivolous stance, you can motion to have them held accountable for your costs. Courts are reluctant to discourage due process by assessing costs, unless a litigant takes a clearly and totally frivolous position that wastes everybody's time for no good purpose. (which is what you'd like to prove the insurance company is doing)
Another way of shifting costs is the make an Offer of Judgment (normally a defense tool, I don't think a plaintiff can use it). Let's say the insurance company thinks your cause of action is worth no more than $1000. So they make an offer of judgment in the amount of $1000. If you accept, then you won, and are awarded damages in the amount of $1000. If you proceed to trial and don't get more than $1000, then all their legal expenses after the date you refused their offer are paid by you.
What I don't know is if the plaintiff has any tool similar to the Offer of Judgment. "I'm entering into the record a formal offer to accept $10k in damages, and if you don't agree, you pay my costs after today". I don't think it exists, other than by showing the court that you tried to negotiate in good faith before and during the suit, and the insurance company intentionally shirked their responsibility to provide the coverage that you contracted for.
Mitch. _______________________________________ http://www.okiebenz.com For new and used parts go to www.okiebenz.com To search list archives http://www.okiebenz.com/archive/ To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
