Q: What should I do in this situation of personal injury case? I am the plaintiff and I am Pro Se
Hi, I have been involved in an accident and after filling the lawsuit I received a settlement offer from insurance company(I am OK with the offer and not looking for more). I signed the offer but I told that I have to sign the following before receiving the check:
“IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for all the parties to the above-entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person, not a party, has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued with prejudice, without costs to any party as against the other. This stipulation may be filed without further notice with the Clerk of the Court “
I understand the “with prejudice” section but I’m not sure about “without costs” section if I have not received the check yet. I appreciate any advise if i should be concerned
A:
Your bigger issue is one you didn't ask about--are there "statutory liens" for the medical care you needed.
As to your question it refers to court costs.
Here's the deal--you're hurt, insurance company pays bills, but as a result that company may, under your state's law, have a right to make a claim--called a subrogation claim.
So you need to check with an attorney who is a member of the NYState Trial Lawers Association.
If you are receiving income based benefits, understand what you get may make you ineligible , so a spend down plan needs to be worked out.
If you are on medical assitance or Medicare there is a statutory lien. So you need to rework the deal after you find you the amount of the lien or Medicare or the program will possibly terminate you and/or come looking to you for payment. This is true of many non Medicare plans, especially ERISA plans.
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