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 Posted: Sat Apr 05, 2008 12:14 am Post subject: Are claims in a lawsuit available for viewing? |
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| My boyfriend was in an accident that was not his fault. I have been led to believe that in his lawsuit he stated he was deprived of "companionship" & our relationhship suffered as a result. I cannot support these false claims. He has since said that he has removed me from his witness list. I assume the claims have been removed as well. Is there a way to verify that or shouldn't I concern myself? The lawsuit is large and has been ongoing for sometime. Next court date fall 2008. |
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dspmf
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| Posted: Sat Apr 05, 2008 2:30 am Post subject: |
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Half of the personal injury lawsuits I have read have similar wording.It makes him sound more sympathetic and sounds better to a jury. Attorneys basically have a template for lawsuits and then have their clerical plug in and change information per case. This just seems to be left in most suits.
From the sounds of your post it appears that he no longer gets any companionship from you (no longer together). I guess the question is if you are not testifying and not with him, why worry about it. You could always contact the other party and let them know it was a lie, depends on how much you would want to get involved.
You should be able to check with court records to get a copy of the filed papers (suit) unless for some reason it is sealed. There is a fee to get a copy of it and takes a little work, but you can get a copy. If anything most suits are good reading to put you to sleep. |
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Dasfuk
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| Posted: Sat Apr 05, 2008 12:58 pm Post subject: |
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| Quote: | | he stated he was deprived of "companionship" & our relationhship suffered as a result |
This is just (as Dasfuk stated) loss of consortium...and many states allow this, just some 'padding' thrown in... | Quote: | | Is there a way to verify that or shouldn't I concern myself? The lawsuit is large and has been ongoing for sometime. Next court date fall 2008. |
If the guy has a true injury claim, and this is the only thing you are worried/concerned with let it go (IMO)...if however he's attempting fraud, then you could report it to the carrier...however, don't let sour grapes cause you to do something you might regret....in other words if the loss of companionship is the only thing you feel is bogus...let it go...
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Lori
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| Posted: Sun Apr 06, 2008 3:08 pm Post subject: |
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He can _claim_ anything he wants. That is his right. It's not up to you to do anything about it. He still has a duty to prove that portion of his loss.
His claim is for _his_ loss, not your. So his claim really does not have much to do with you.
I once had a claim for loss of consortium. The person claimed an ash from some pyrotechnics injured her eye. She had one treatment. When I took her statement a 7 months later, she was pregnant. As mentioned, some attorneys will simply pad their demands with these claims. It makes it look to the adjuster that the loss is much larger then it really is. It's not illegal in anyway, the injured party still has a duty to prove their loss. |
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tcope
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| Posted: Mon Apr 07, 2008 10:26 am Post subject: |
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| Quote: | | I once had a claim for loss of consortium |
| Quote: | | 7 months later, she was pregnant |
 Darn it...there went that loss of consortium out the window !  That is soooooo funny....in my area, if a person was married, loss of consortium was just ''automatically'' added to the list....probably as close to consortium as some of them got ! 
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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