“…The Lawyers have twisted it into such a state of bedevilment that the original merits of the case have long disappeared from the face of the earth. … It’s about nothing but Costs, now. We are always appearing, and disappearing, and swearing, and interrogating, and filing, and cross-filing, and arguing, and sealing, and motioning, and referring, and reporting, and revolving about the Lord Chancellor and all his satellites, and equitably waltzing ourselves off to dusty death, about Costs. That’s the great question. All the rest, by some extraordinary means, has melted away.” — Charles Dickens, Bleak House
I think I’m about to get my settlement check. Here’s why:
Last Friday I received a letter from the insurance company who represented the building owner, i.e., the people who agreed to settlement my broken metatarsal lawsuit for $30,000. It’s a very nice letter. It says that “[the insurance company] wishes to inform you that your third party liability claim has been resolved.”
Of course, it was actually resolved on November 3, 2011, when I signed the settlement agreement but it’s not the insurance company’s fault that I haven’t yet received the money. They were waiting for Dinkes & Schwitzer to send them necessary paperwork, which Dinkes did not complete doing until earlier this month.
The check the insurance company is sending to Dinkes is in the amount of $29,355.33, which is $30,000 less the money Medicare will be reimbursed for paying the medical costs of repairing my broken foot. (Wouldn’t you think that my lawyers would be eager to send me such a letter, announcing the resolution? And informing me that the insurance company would be paying Medicare? Wouldn’t you?)
I hadn’t known that the insurance company pays Medicare. Now that I do, I recalculated the final split of the money, and it comes out to more for me. So since I know that the insurance company sent Dinkes the check on Friday, September 14, I’m just about to write a quick letter to Bill Schwitzer with my re-calculation and, although I’m loathe to send anything out without using the US Postal Service, I’ll be using FedEx, just to make sure that Dinkes gets my letter by tomorrow.
I was thinking of writing the letter yesterday and mailing it but … I was watching football all day and decided not to interrupt myself. Not for anything as crass as a personal injury settlement. I mean, I have my integrity.
Here’s how the settlement breaks down:
Gross settlement check which Dinkes will receive $29,355.33
Minus Dinkes costs & disbursements 731.07
Net remaining 28,624.26
Dinkes share (33.333 percent) 9,541.32
My share (66.666 percent) 19,082.94
I’ll let you know when I actually get and deposit that check. And Dinkes had better mail it, because I will not go up to their office again.