Get Free Answers From Experienced Lawyers!
Have a Legal Question?
Mancelona, MI asked
in
Insurance Bad Faith, Criminal Law, Social Security, White Collar Crime and Public Benefits for Michigan
Q: Insurance company sues me for declaratory relief.
I received a summons indicating an insurance company is suing me for declaratory relief. I submitted a formal response admitting the insurance company was not responsible to pay any bills, following a previous examination under oath where I acknowledged my wrongdoing. I am now scheduled for a pre-trial on September 30, where no clients will be present. I am living on social security and am open to settlement, though I am concerned about potential financial consequences or charges of misrepresentation and possible fraud, which I was not aware of. Do I need an attorney to handle this for me, and should I start negotiating with the plaintiff's attorney?
1
Lawyer Answer
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Because an insurance company is suing you for declaratory relief, the case can have legal and financial consequences beyond what you might expect. Even if you are on social security and your income is limited, a judgment could affect your finances, so it’s important to understand your rights and obligations before responding further.
You do not have to negotiate directly with the plaintiff’s attorney on your own, and attempting to do so without guidance could inadvertently worsen your situation. An attorney can explain what declaratory relief means in your case, assess whether any allegations of misrepresentation or fraud could be pursued, and help you explore settlement options that protect your finances. Even a brief consultation with a legal aid service or pro bono attorney can provide clarity and help you prepare for the pre-trial conference.
If you choose to negotiate a settlement, doing so under professional guidance ensures that any agreement is fair and binding, and that you are not admitting to liability beyond what the law requires. Keep detailed records of all communications and any documents the insurance company has sent. Being proactive with legal advice now can prevent larger complications later.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
