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  #1  
Old 11-13-2004, 11:21 PM
Minnie in NY
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Ebt


What is the name of your state? New York.

I was in an accident March of 04. I had a minor fender bender, got out of the car to talk to the driver of the other car and another car coming from the opposite direction lost control of his car which then hit the car I was standing in front of and that car struck me. I had two fractured hips a fx pelvis, chipped verterbra. I was out of work until September 04. The guy who lost control had insurance with a 250K limit.

I just received a letter from my lawyer asking me to be in his Manhattan office at 10am on Thursday for prep to EBT and then back to his office for the EBT on Friday. I have no time available to take off from work on such short notice. I won't get paid and I've lost considerable wages to date due to the accident. I live on the east end of Long Island and it would take considerable time for me to get there as well as expensive.

I want to ask my lawyer to delay this for two weeks so I can give my employer proper notice and earn at least one vacation day by then so I won't lose two days pay.

What is the EBT about?
Is there any negative impact if I delay?
Does this mean the insurance company from the guy who hit the car that subsequently hit me may be close to settling this case?
The medical bills are over 50K which I believe is the limit for No fault in NY. Am I going to be responsible for the difference? My lawyer just keeps saying that I need to worry about getting better and not the bills.

Thank you in advance for your help.
  #2  
Old 11-14-2004, 10:56 PM
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Join Date: Dec 1999
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Posts: 4,500
If your lawyer says be there, be there if humanly possible. One day's lost wages is a TINY fraction of the value of your case, and you'll be jeapordizing your case, or compromising your lawyer's negotiating position if you are not there.

At the EBT they'll be asking you all sorts of questions before a court reporter. The other side wants to see if you are the kind of person that will look bad before a jury or if you'd be a likeable, believeable and a sympatheic witness. They also want to see if they can place some or all of the balme on you for the accident or injury or delayed recovery, and if you hve your facts straight, if you are exaggerating your injuries or pain, plus they want to sense if you are so desperate to settle they can get away by offering you a fraction of what the case is really worth. It is critical that you and your lawyer discuss the facts and circumstances before the EBT, and you know how to answer the questions, and avoid volunteering things that will hurt the case.

And if you had a serious injury you'd recover FAR more than the no falt medical amounts. Stop being a petulant piker and get with the program.
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