Is Pro Se a crazy idea in this matter?

[Towtheline]

What is the name of your state? Colorado
I was injured in an auto/pedestrian accident. I (actually my lawyer did, but he is now disbarred and no longer practicing law) settled via arbitration the liability issue of the guy that hit me and in this settlement it says "...PIP benefits are not affected by the settlement".

Recently I found out that I am entitled to "enhanced PIP" coverage because the insurance company (IC) had a pedestrian exclusion for enhanced benefits in their policy. This exclusion was deemed illegal and the courts reformed the policy to include enhanced PIP benefits to pedestrians. The IC and the original plaintiff took this all the way to the 10th district court of appeals twice and basically ruled in favor of the plaintiff who was seeking lost wages. (This suit by this plaintiff was brought against the IC by him and "all others similar situated" and the time lines in which it was brought fit within the statute of limitations for my claim also). The court ruled that lost wages were available for an unlimited time and amount (up to the aggregate policy limits), but only from after the date the policy was judicially reformed.

I have not been able to return to work because of the injuries. So I am claiming lost-wages for well over 100k. The IC has said the underwriters are looking into the policy to see if these enhanced PIP benefits are available to me, and that this will take around 2 weeks. It is my understanding that the 10th district told the IC, in 2005, to look into all inactive claims that may be due these benefits. Regardless I recently sent the IC a "notice of amount claimed" after they asked for a tax return from 9 years ago and 14 pay stubs from 9 years ago.

So I plan on filing a compliant in court for the lost wages, and then a motion for summary judgment, using the previous case (the one I wrote about earlier in this post) that involved this same issue as the reason to grant the motion. DOES this sound like a good game plan?

Can I also ask for punitive damages because the IC should have known that I was entitled to these enhanced benefits but did not inform me of them, even after I told them I had quit working because of the injury?

Also I really am thinking about going to law school, and think that if I had a Pro Se litigation under my belt that it would look impressive on my application.

What are some of the dangers I might encounter if I do go Pro Se in this matter?

Thanks in advance for your advice.

 

[SHORTY LONG]

You ask what are some of the dangers in going alone in filing as a Pro Se
in your case. It has been said, that a person who represents themselves
has a fool for a client.

Hire another Attorney! Contact your locale Law bar association for
referrals!

 

[Towtheline]

I just knew some1 would say that B.F. quote.

That quote is a generalization. I don't live my life by generalizations. After all a foolish consistancy is the hobgoblin of little minds.

I am considering going Pro Se , because of the I truly believe I all I will have to do is write a good argument and go after the summary judgment because issue was already decided in the case I referred to. And I think it would look good on a law school app.

As for hiring another lawyer... Don't you think the stigma of having the previous 1 disbarred will prevent most lawyers from wanting to get near me? I have found this 2 be the case.

The only reason why I got the fellow disbarred was because it turned out he was suspended when he settled my case and then he went and did to me exactly what he got suspended for. So I figured I had a moral obligation to proceed in getting him disbarred in order to prevent him from hurting others in the future.

 

[SHORTY LONG]

By all means if you got all you need to go it alone Pro Se, then, go for it!
However, your case from the surface is not clear cut & dry; and unless
you know all the ins and outs, including procedure, various Motions,
Law Research, etc., you could be cutting your own nose off in spite of your face.

About the Attorney being disbarred, if he or she needed this type of
sanction, so be it! I do not see why other Attorney's would shy away
just because of the disbarment. But hey, that is just me.

 

[Towtheline]

Yeah I made the narrative a little vague because I don't know who else may eventually read this. I would hate for the Insurance companies lawyers to read a detailed narrative and thus know exactly what I was thinking.

SO... The case, and the case precedent/ jurisprudence is actually very clear and straightforward. I have lots of time on my hands to do all the legal research and some experience on how to do legal research from some college law classes I took.

I guess the thing I would be worried about is procedure, but since I only plan on going straight for the SJ there should be to much procedure involved. right? Can you give me a defination of procedure? What should I concentrate on when I am research procedure? Is procedure things like knowing that I have to give 20 days notice to the insurance company b4 I file suit? and/or using the proper language in my complaint?

If i don't win the SJ, THEN I would have to get a lawyer to handle this.

 

[Rexlan]

Maybe you and Shorty can form an alliance and consult

 

[SHORTY LONG]

Yeah I made the narrative a little vague because I don't know who else may eventually read this. I would hate for the Insurance companies lawyers to read a detailed narrative and thus know exactly what I was thinking.

SO... The case, and the case precedent/ jurisprudence is actually very clear and straightforward. I have lots of time on my hands to do all the legal research and some experience on how to do legal research from some college law classes I took.

I guess the thing I would be worried about is procedure, but since I only plan on going straight for the SJ there should be to much procedure involved. right? Can you give me a defination of procedure? What should I concentrate on when I am research procedure? Is procedure things like knowing that I have to give 20 days notice to the insurance company b4 I file suit? and/or using the proper language in my complaint?

If i don't win the SJ, THEN I would have to get a lawyer to handle this.

Depending on what Court you are planning to do battle in, you can contact the
Clerk, and request a copy of there Rules and Procedures Book or Pamphlet;
Courts also have locale Rules!

If you by chance loose, then even by hiring an Attorney you will have an upheaval
time in over coming claim preclusion; res judicata!

 

[dcatz]

I guess the thing I would be worried about is procedure, but since I only plan on going straight for the SJ there should be to much procedure involved. right? Can you give me a defination of procedure? What should I concentrate on when I am research procedure? Is procedure things like knowing that I have to give 20 days notice to the insurance company b4 I file suit? and/or using the proper language in my complaint?

I think Shorty just proved his points.

You’re not going to get punitive damages without doing some discovery to establish malice or willful intent. You don’t mention that they were awarded in the case on which you hope to rely.

You don’t mention much about the earlier case but enough to reasonably speculate that it was not your case. Unless the defendant(s) are extremely inept, it’s also reasonable to speculate that they’re not going to file a response admitting all allegations or leaving them open to disposition in a SJ motion.

When you ask about procedure, I’d suggest that you might start by determining what is required in your state to prevail on a SJ motion. Then re-review your situation with Shorty. He’s giving you sound advice.

 

[corruption]

pro Se

By all means if you got all you need to go it alone Pro Se, then, go for it!
However, your case from the surface is not clear cut & dry; and unless
you know all the ins and outs, including procedure, various Motions,
Law Research, etc., you could be cutting your own nose off in spite of your face.

About the Attorney being disbarred, if he or she needed this type of
sanction, so be it! I do not see why other Attorney's would shy away
just because of the disbarment. But hey, that is just me.

I went through a dui about 9 months ago and I did this pro se. I had a very good case in my eyes. The judge said there was no reasonable suspision and no probable cause for the pull over and threw all charges out. so if you feel you can do this go for it.

 

[Towtheline]

Depending on what Court you are planning to do battle in, you can contact the
Clerk, and request a copy of there Rules and Procedures Book or Pamphlet;
Courts also have locale Rules!!

I can't find the "Rules of Procedure" for the county court I will file in, BUT I did find the Local Rules of the Court. Are these the same thing? I am 90% sure they are from what I've read of them so far.

Another question, Are the Federal Rules of Procedure the same for every district? Or are there also "local rules" for each seperate district?

 

[Quaere]

Federal Court has the FRCP, the local rules of the district court you are using, and possibly even a given judge's personal preferences.

State Court has the state RCP, the local rules, and possibly even a given judge's personal preferences.