I was bitten by my neighbor's dog. I contacted an injury lawyer for help. They asked the neighbors for their insurance information. The neighbors said they did not have insurance, even though my Home Owners Association stated they did. The law firm filed a case against the neighbors, hoping they would disclose the insurance information. Unfortunately, the neighbors continued to state they did not have insurance.
The defendants responded to the summons stating that since I received $60for my medical co-pay and over the counter medication from them, that "it constitutes full satisfaction and resolution of her damage claim, and that this led the defendants to believe her acceptance of the money satisfied and resolved the damage issues."
The law firm decided it was not feasible to continue to case and asked me to give permission to dismiss it. They then suggested I pursue this matter in small claims.
I filed a small claims, and now, the defendants has filed a counter claim against me for their legal and filing fees from the case with the law firm. They claimed that they had to seek legal help to respond to my lawyer's claim, which ultimately, lead to the dismissal.
I never made a statement or sign anything that says the incident has been resolved when I accepted payment for my medical bills. I gave the defendants the receipts for the medical bills, and they reimbursed me.
Do you think their argument will stand up in court?
Is their a claim to their case?
In your opinion, will the judge still grant me a judgement for my injury (pain and suffering, scarring) even though I accepted payment for my medical bills?