i was recently served with a summons to appear in court.?

Question

this summons was regarding a past medical bill with a local hospital. the whole thing is over a medical insurance dispute.
i was told in the summons to bring all pertinent information with me
at the court appearance. do i need to hire an attorney to be with me on that date?

Answer 1

you didn't give enough information to answer the question well: how much money is involved in the dispute? If it's a small claims matter (generally under $5,000), then No, you don't need to hire an attorney. Also, do you dispute the charges, do you think your insurance company should have paid, have you communicated with your insurance company over their failure to pay? Have you spoken with the billing department of the local hospital? Do you just need more time to pay?

What's surprising is that it's in court...usually they just turn failures to pay over to a collection agency. Tell us more details. But whatever you do, DO NOT MISS THAT COURT DATE. Not showing up would be the worst thing you could do.

Answer 2

It depends on how much is at stake and on whether you have the paperwork to prove you are in the right. If the insurance company is denying your claims, you are legally liable for the medical bill and will need to fight the insurance company separately by appealing through their process. You can't fight a medical bill in court, with or without an attorney, by saying that insurance should have paid for it. The fact is that when you enter a hospital or emergency room for treatment, you are legally liable for the cost unless a relative signed the papers to say he or she would be legally liable. The insurance company is not legally liable for the costs - only you. If the treatment if approved, of course, they will pay whatever their agreed amount is, but that is different from legal liability. (If the insurance company did pay the bill and you were billed for the same amount by the hospital and you have the paperwork to prove double payment, that's an easy fix in court, but it doesn't sound like that's the case.) You have to decide whether the cost of an attorney will offset any benefit to you from having one. Many attorneys give a free 30-minute introductory consultation. Check your Yellow Pages for one. That might be your best bet.

Answer 3

I don't know the law in your jurisdiction, but you probably don't need a lawyer. It is rare that you actually do.

But, you did ask the question, which suggests that this matter is important enough to you that you're willing to pursue it in court and seek a favorable outcome. If this is the case, instead of asking whether you "need" a lawyer, you should ask: how would a lawyer add value to you in your dispute. So I recommend that you call up a few lawyers in your area and ask them directly. The trick is to find one who will only take the case if YOUR wallet would be better off at the end of the lawsuit (and not just their wallet).

Now how do you find a lawyer? Your best bet is to talk to your friends and see if they know of someone good. Contact these lawyers and even if they can't help, perhaps they can refer you to someone who can.

Otherwise, I suggest you use a site like: http://www.lawyers.com. On the left you'll notice a link called "Contact a Lawyer." Go through the questions and you'll receive a list of lawyers in your area who can help you. Contact several from this list and figure out which one is best for you. Most lawyers won't charge you to talk to them on the phone, and some will even give you an initial consultation.

How do you separate the good lawyer from the rest? Look for someone patient who is willing to spend the time to explain to you the legal issue, the process, and their fees. You should be able to understand the process when you get off the phone. Oh, and be wary of the lawyer who tells you it's a clear cut case in your favor.

Good Luck!

Answer 4

You don't NEED to, but you can be sure that the insurance company will have one. It would be in your best interest to have one as well.

I have been in small claims multiple times, suing people for non-payment, and you most certainly can have an attorney represent you in small claims court. Check with your local laws to be sure, but I don't see why you wouldn't. You can here in Indiana. Also, to save yourself money, hire a lawyer that charges a fee only if you win. That way, if you lose, you don't owe him anything. Make sure his fee if you win is not more than the cost of the judgment.

Answer 5

Do you believe you owe this money? Or do you believe you owe some, but not all of the money? Sometimes a payment plan or a settlement can be worked out with the party suing you without going to court. You may want to speak to a lawyer for a half-hour consultation first to find out how serious this matter is, and if it is something that can be settled outside the courtroom.

Answer 6

They say a man (or woman) who represents himself has a fool for a client. Unless you're versed in contract law, insurance law, and the uniform commercial code, I think it would be a bad idea not to hire an attorney. In addition, knowledge of the tactics used to defend yourself and the forms and letters used to do it could change the outcome of a bad situation to a positive one. Yes, I do recommend hiring an attorney.

Answer 7

Not necessarily. Having a Lawyer may help reduce your stress level, but it may in-cure a financial problem. Talk to your Human Resource department about the problem. They are usually good with explaining insurance problems. They may be a valuable source of information for you.

Should there be a judgment against you, set up a payment plan with the hospital. It does affect your credit, but it also shows that you are willing to resolve this issue anyway you can.

Good Luck!!

Answer 8

You do not necessarily need an attorney, However, you do need all pertinent information on the hospital, and insurance company you were with at that time.

If you need an attorney, the judge will let you know, and reset a date.

Answer 9

It depends. If they have taken you to small claims court, you are not allowed to have an attorney represent you. You can discuss the case and get suggestions from an attorney, but the attorney can't acutally speak for you in small claims. If it is not small claims, the yes, I would suggest you get an attorney.

Answer 10

You don't have to, but I think it would be wise to hire an attorney. If you have all of your information, understand it clearly, and do not think you are at fault, then it's up to you to decide your level of preparedness of entering the courtroom by yourself; but if you have doubts that you may be in trouble, hire a lawyer.

Good luck,

Curtis