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Uninsured motorist coverage claim

May 26, 2010
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Trial Report

Michael Dec Jr. and Pamela M. Dec v. Encompass Insurance

Lake Superior Court No. 45D05-0606-CT124

Injuries:
Soft tissue; cervical strain and aggravation of pre-existing asymptomatic arthritis

Date: Feb. 8-10, 2010

Judge or Jury Trial: Jury trial

Judge: Hon. William Davis

Disposition: $40,000 compensatory

Plaintiff Attorney: Kenneth M. Wilk, Highland

Defendant Attorney: William K. Deer, Merrillville

Insurance:
Encompass Insurance

Case Information: Plaintiff passenger in stopped SUV was rear-ended at 35 mph by another SUV. Plaintiff treated for about a year, including injections, followed by a hiatus of three years, after which plaintiff resumed treatment.

PPI rating of 8 percent.

Jury was informed that plaintiff’s billed medical (expenses) were $46,583.40 but that only $24,704.47 were actually paid.

Jury was also informed that plaintiff recovered policy limits of $50,000 from primary carrier and was making claim against her own carrier for UIM.

Encompass offered $5,000; declined by plaintiffs.•

– Kenneth M. Wilk

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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