Quote:
Originally Posted by Jim Cesiro
My attorney did advise going in it could be expensive. We just had a meeting this morning and I asked flat out how much he thought it was going to take to get this through trial, he really did not answer, so I threw a number out there of $25K and he replied, "Minimum".
I am already about 20K in to this, its killing me financially. We petitioned the Judge to toss the case but was denied. Does that mean its not "frivolous" well, I guess that is a matter of opinion.
The person that should be sued is dirt poor and it would be akin to getting blood from a stone. So the next in line was me because I have a legitimate business and insurance.
I think he thought my insurance would settle by now, but low and behold I am not using my insurance because I did not want him hitting it up, I am footing this bill myself. So the joke is on him.... sort of..... I think....
I had the balls to fight this guy head on I guess I should just grow them bigger and dig in.
BTW- He is filthy rich, owns 100's of acres of land along a commercial corridor that is booming. He is not hurting for money, he even has retained 2 attorneys on this case.
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Your atty advising you that it was going to "be expensive" is a different issue than advising you on the issue of whether you can recover attys fees.
You make your premium payments to your insurance company to pay for your defense and settlement of claims, but now that there is a claim, you are not tendering the claim to your insurance company for handling?!?! Even though it is killing you financially? And you think the joke is on your rich opponent. You may want to rethink that one.
If this guy is filthy rich, and there is no attys fee downside to him dragging you through court, the joke is on you. He has nothing to lose (other than paying his own attys, big deal).
Did your atty advise you to not submit to your insurance company?!?
Has the guy made a settlement demand?
Just my opinion, but based on the facts you have given, I don't think this is being handled particularly well on your end.