I'm Being Sued

@plainoldme,

I think he is just urging you to be prompt to protect your own interests.

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@plainoldme,

But watch the timing, as JoefromChicago advised...

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@plainoldme,

Don't wait to report it to your insurer. You are being sued. There does not necessarily have to have been a police report on the incident. You will need counsel to handle the lawsuit.

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@plainoldme,

plainoldme wrote:

In April, the grass is seldom green, let alone grown. That early in the month, the trees are often still in bud.

We often have tons of snow in the Boston area in the month of April.

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@plainoldme,

plainoldme wrote:

Furthermore, the woman is morbidly obese. From her photo, I would say in excess of 300 pounds. I doubt that she would walk anywhere.

Many really fat women will have small feet and this make them very unstable when walking.

As far as 300+ pounds overweight, a woman that size with all that fat should not have injured herself, because of the buffering her fat may have afforded her.

I suspect the woman is related to the lawyer, who in my opinion is mainly looking for a quick buck.

Don't mention any falling/rotting maple trees on your property. Only means more trouble on the horizon for you.

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Quote:

so the clock is ticking

The incident happened in April,2010 , so why the woman wait for long to start legal proceedings? Did her daughter, by chance just marry this lawyer?

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@Miller,

Some interesting comments, Miller.

I live in Western MA and used to live in the greater Boston area, so I do know that snow in April is far from unusual. I did find the weather report from that day: the temperature was in the upper 60s, there was no precipitation and the wind was just 5 mph. In other words, an ideal day for a walk.

The lawyer -- his wedding announcement was in the NYT -- married a psychologist he met when he was in law school this May. He was with a NYC firm and is now with a firm whose offices are all over MA: from Newton to North Adams with plenty of satellites in-between.

The woman herself seems to have married this year. I read her Facebook and MySpace blurbs. Someone sent her a sentimental picture of an engagement ring, the sort of thing one sees on some forums, congratulating her and the man who now lives in her house and shares the same last name. Googling him brings up some sort of reunion he attended with a woman whose first name is the same but whose last name was different. Both last names are prominent in her lists of friends on her personal sites.

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@Miller,

I also wonder why she would take nearly nine months to reply. No, she is not pregnant: she is 61. The courts take a dim view of people who wait a long time to file complaints. The basic reason, of course, is that people's memories fade. But, the other reason from the observer's point of view is the delay makes the person filing suit look less than credible.

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I'm sorry this happened. And annoyed for you. I really detest the way these things work. You are innocent, but if you do not hire a lawyer (or let your insurance company take over), you will get killed in court. So you need to spend the money (directly - via a lawyer or indirectly - via insurance rates increases) to protect yourself.

I also served on a trial as a juror for some bone head suing and it was obvious it was this bone head's fault. Basically this elderly couple (obvious by the way they were dressed had lots of money) was being sued because a guy in a motorcycle hit their car and was severely injured.

The elderly lady was driving her husband to the train station early in the morning when they noticed a motorcycle weaving in the distance coming toward them. They pulled over to the side of the road and stopped to try to avoid an accident. The motorcycle then verved to their side of the road and hit their stopped car. The motorcycle driver was suing. The motorcycle driver did not dispute what happened as mentioned above. The police at the seen collaberated what must have happened after seeing the scene.

It was obviously his fault, but yet he sued. Then some bonehead on the jury was holding out - she said she knew people who road motorcycles and it was dangerous - my thought don't drive them then. And some others were draging their feet saying well they should have beeped their horn to warn him....we ended up saying they were somewhat at fault (just to appease these idiots on the jury), but the motorcyclist was at greater fault - so no money. I would have really liked to have gone up to the couple afterwards and let them know why we stated they were somewhat at fault - although they were not at all.

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@Linkat,

YEah, your experience shows what can happen with the ins and outs of a court case.

What frightens me most is the seemingly large size of the plaintiff's firm. Well, perhaps not so large: they list 16 attorneys on the letterhead but they have seven offices spread across the state. Frankly, that sounds like ambulance chasers but ambulance chasers are particularly frightening.

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I just got off the phone. I called my agency first who directed me to the company, Traveler's, which prefers to have policy holders speak directly to them when filing a claim.

As I said, I hope the fact that I have to rely on the insurance company will not result in my being dropped by them and placed in the high risk pool.

The person from Traveler's who took my information, who is not an investigator nor an adjustor, asked whether there were any witnesses. I do not think this is the sort of thing an attorney would put in an initial letter.

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@plainoldme,

plainoldme wrote:

I also wonder why she would take nearly nine months to reply. No, she is not pregnant: she is 61. The courts take a dim view of people who wait a long time to file complaints. The basic reason, of course, is that people's memories fade. But, the other reason from the observer's point of view is the delay makes the person filing suit look less than credible.

In Massachusetts, a person has three years to file a personal injury claim. There's nothing particularly unusual or suspicious about a person waiting nine months to file a lawsuit.

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@joefromchicago,

Yeah - especially for those ambulance chaser types.

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@Miller,

Miller wrote:

As far as 300+ pounds overweight, a woman that size with all that fat should not have injured herself, because of the buffering her fat may have afforded her.

Yeah, it's well-known that fat people don't get injured when they fall down. They just roll downhill until they are stopped by a large object or an even fatter person. This is known as the "principle of relative gravity." Or, as a great philosopher once observed, "bumbles bounce!"

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@joefromchicago,

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@joefromchicago,

joefromchicago wrote:

Miller wrote:
As far as 300+ pounds overweight, a woman that size with all that fat should not have injured herself, because of the buffering her fat may have afforded her.

Yeah, it's well-known that fat people don't get injured when they fall down. They just roll downhill until they are stopped by a large object or an even fatter person. This is known as the "principle of relative gravity." Or, as a great philosopher once observed, "bumbles bounce!"

That sounds like a variant of the "Weebles-Wobble-But-They-Don't-Fall-Down" defense.

http://img35.imageshack.us/img35/6638/weeble.jpg

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@plainoldme,

No report re: a trip-and-fall was ever made.

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@joefromchicago,

The court regards a delay suspiciously. I waited some time before filing against my ex-husband and was told that the delay severely weakened my case.

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Finally, the person I would call the in-take worker at Traveler's said to me that I was first defendant she has encountered who had no knowledge of the accident.

It did not occur to me ask how long she has done insurance work.

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@Ticomaya,

Ticomaya wrote:

joefromchicago wrote:
Miller wrote:
As far as 300+ pounds overweight, a woman that size with all that fat should not have injured herself, because of the buffering her fat may have afforded her.

Yeah, it's well-known that fat people don't get injured when they fall down. They just roll downhill until they are stopped by a large object or an even fatter person. This is known as the "principle of relative gravity." Or, as a great philosopher once observed, "bumbles bounce!"

That sounds like a variant of the "Weebles-Wobble-But-They-Don't-Fall-Down" defense.

I should also point out that, on occasion, a fat person rolling downhill will knock down an intervening fat person, who will then also roll downhill, knocking down any intervening fat persons and setting off a chain reaction of tumbling -- but uninjured -- fat people. This is known as the "Fat Dominoes Theory."

1 Reply

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