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curiousvi

Need help with motion for sanctions and summary judgment.

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I can't find a paid lawyer for our claims.  In personal injury case my attorneys have already withdrew.

 

So I was discussing bodily injury settlement directly with defense attorney via email. (everything in writing) Defense attorney expressly implied and misrepresented to make me believe that he and his insurance company will make reasonable separate offer for loss of consortium claim for legally separated spouse but after I settled my claim very next day they said oh there is no additional offer to settle loss of consortium claim.

 

 One of the main reason why I did not hire another attorney because he implied that they will make a reasonable offer but now I realize it was his mind game and to stall so time to file motion for continuance will pass away while engaged in settlement negotiation.  We feel cheated, misrepresented and case is not closed yet so I want to write a motion for sanctions as well summary judgement for loss of consortium claim.

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22 minutes ago, curiousvi said:

Defense attorney expressly implied and misrepresented to make me believe that he and his insurance company will make reasonable separate offer for loss of consortium claim for legally separated spouse but after I settled my claim very next day they said oh there is no additional offer to settle loss of consortium claim.

 

Expressly implied?  That doesn't make any sense.  When you settled your claim, did the settlement document you signed contain any sort of carve-out for a spousal loss of consortium claim?

 

 

23 minutes ago, curiousvi said:

I want to write a motion for sanctions

 

Sanctions for what?  That you erroneously inferred something?

 

 

24 minutes ago, curiousvi said:

I want to write a motion for . . . summary judgement for loss of consortium claim.

 

Ok.  Go for it (although you cannot legally write a motion on your spouse's behalf).

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56 minutes ago, pg1067 said:

 

Expressly implied?  That doesn't make any sense.  When you settled your claim, did the settlement document you signed contain any sort of carve-out for a spousal loss of consortium claim?

 

 

Yes I specifically mentioned my release does not include loss of consortium claim as I don't have authority to settle that claim.

Sanctions for what?  That you erroneously inferred something?

 

Sections for misleading me and playing mind games. He gave me fake promise that he will give reasonable offer for loss of consortium claim separately which was one of the main reason why I did not hire another lawyer for my claim. 

56 minutes ago, pg1067 said:

 

 

 

Ok.  Go for it (although you cannot legally write a motion on your spouse's behalf).

Yes I can not but I can help her writing motion correct?

 

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23 minutes ago, curiousvi said:

when I signed settlement agreement I specifically mentioned I am settling loss of consortium claim as I don't have authority to settle that claim.

 

I think you may have left out a word here (i.e., "not").  Did you simply "mention" this, or is there language in the settlement agreement that expressly carves out this LoC claim?

 

 

22 minutes ago, curiousvi said:

Sections for misleading me and playing mind games. He gave me fake promise that he will give reasonable offer for loss of consortium claim separately which was one of the main reason why I did not hire another lawyer for my claim.

 

Changing one's mind about making a settlement offer is not sanctionable.  Not even close.

 

 

26 minutes ago, curiousvi said:

Yes I can not but I can help her writing motion correct?

 

Sure.

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20 minutes ago, pg1067 said:

 

I think you may have left out a word here (i.e., "not").  Did you simply "mention" this, or is there language in the settlement agreement that expressly carves out this LoC claim?

 

Yes I meant to say I specifically clearly mentioned that my release does not exclude her loss of consortium claim which is separate

 

Changing one's mind about making a settlement offer is not sanctionable.  Not even close.

 

It is not changing mind...just a day after I signed separation agreement he claimed oh there is no separate value for loss of consortium and it was already included in your settlement offer which is totally contrast to what he said earlier in writing that we will make a reasonable offer. I strongly believe that his intention was to mislead me so that I settle my claim ...does not it sound like misrepresentation or fraud? everything I talked to him was through email so he can say oh I did not say that.

 

Sure.

 

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You do not have the power to ask for or waive your spouse's consortium claim.  It is up to him/her to  conduct any negotiations.  However, if the two of you are truly separated it is hard to imagine how your spouse can allege any loss of conjugal rights arising from your collision.  BTW, when you are signing a paper that specifically says you are settling any and all claims you can't just say you are excepting some claims.  Written documents trump verbal reservations every time.

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No, it's not misrepresentation or fraud.

 

Also, you did not answer the following question:  Did you simply "mention" that you wanted to exclude the LoC claim from your settlement, or is there language in the settlement agreement that expressly carves out the LoC claim?  In any event, as I commented in the other thread you started about this same topic, I am skeptical that a spouse from whom you are legally separated has a viable LoC claim.

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Thanks on release I mentioned - loss of consortium claim is not included in this release.

Well due to this accident there is harm to our marriage. And for the most of part of this lawsuit we were married just last final year we are separated.

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