lawsuit opinion

[changingtimes]

ok opinion from the general population…my significant other was served today with papers from a woman who they got into a fender bender with in 2006..isnt this outside of the state stature or limitations? i am no lawyer but he was pulling out of a parking space and the lady going by next to a school was speeding…they barely hit…only a half broken taillight if that…both cars where able to be driven…and when the police came and said that they were unsure of who was at fault..the woman is now claiming 3 years later that her neck and back will never be the same and she wants to sue for damages…wth? i know times are tough but r u kidding? what do you guys think is the best way to handle this? or do you think the case will just be thrown out? and why would a lawyer even take this case from 3 years ago?

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[JenV]

tell the SO to submit a claim to his insurance company right away. the adjuster will be able to determine from the slight damage to the vehicles that this person is nuts claiming a serious injury. The statute of limitations in Washington state for bodily injury is 3 years, so this person probably figured she’d slide in under the limit and try to make a grab for easy money. I used to adjust bodily injury claims, and it made me realize most people are lying bastards. PM me if you have any other questions I can help out with.

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[cjboffoli]

JenV: If he was already served with paperwork for the lawsuit then he needs to act quickly.

Changingtimes: I would advise you to immediately seek legal advice and secure counsel.

The defendant has 20 days (from the day he was served) to “answer” the complaint. The answer must deny each allegation and state his defenses. If they’re within the statute of limitations (which would have been the first way out) he can alternately argue that the plantiff’s complaint fails to state a claim (meaning the law does not support what the plaintiff is alleging).

Generally the person entering the flow of traffic is at fault. The speed of the plaintiff is obviously a factor. A copy of the police report would help here though the officer’s failure to cite either party may or may not be a good thing.

Not that I’m disputing the advice about working with the insurance company, but he needs to act fast. He should probably seek legal representation immediately so his lawyer can file a “notice of appearance” and then the answer to the complaint. If the plaintiff has not articulated an amount of damages in the complaint then a hearing will probably be required. If the defendant does not answer the complaint in a timely manner and/or show up for the court date the plaintiffs could file a motion for default.

After that what I would do is to have your attorney hammer the plaintiff with interrogatories and discovery requests. That will cost them money and you can pretty much demand that they turn over their medical history since they are claiming injuries related to the accident. This could drag out for a long time. So at the right point your attorney will want to file a motion to dismiss and then (if that’s not successful) file a motion for summary judgment.

On the bright side, if the court determines that the plaintiff’s case is frivolous you can ask the judge to hold them responsible for your attorney’s fees. Good luck.

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[inactive]

changing times –

JenV and Chris are giving you good information. But have your SO call his insurance TONIGHT and leave a message. Make sure he tells them the date of the accident, that he was served today the 21st, the name of the party on the complaint and the King Co. case number. I’m assuming your SO was insured at the time.

Regardless, do you have a lawyer for this kind of thing? Do you need some recommendations? You might be able to nip this in the bud but definitely should start calling around.

And, yeah, attorneys will take a case like this, but it is going to cost you some $$.

JenV and Chris are giving you good information.

Have SO call his insurance company tonight! And repost if you don’t know an attorney. I know there are people who will help you with getting a decent one. ‘k?

Good luck.

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[hopey]

Just to clarify one thing in cjboffoli’s otherwise excellent advice: a “motion for default” basically means “The defendant didn’t show up or otherwise respond, therefore they are guilty and we should win.” It’s like when the other team doesn’t show up for a baseball game. It’s a “forfeit” win. The defendant — meaning changingtimes’ SO — would then be legally liable for whatever damages the plaintiff has alleged, with no future opportunity to object.

Timely legal representation is really crucial here.

disclaimer: IANAL* but I have spent the past two years playing paralegal for a couple of complicated court cases my husband has unfortunately been involved with. I’m pretty familiar with how the system works now.

*IANAL = internet for I Am Not A Lawyer

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[cjboffoli]

hopey: Yeah, 20 days isn’t really a long time so I wanted to underscore the importance of working quickly to find representation so the plaintiffs can’t win by pulling this little maneuver. With that said, my experience with local judges is that they tend not to go along with motions for default because the defendants have a window of opportunity afterwards to bring the matter back before the court.

changingtimes: Even if you decide to proceed without an attorney and move forward pro se, do be sure that you get at least some answer to the complaint to the court within the 20 day window. I have seen the Clerk of Court accept answers that were faxed over to them, with no fee paid and not even prepared in the proper legal format. You’re taking a chance doing that. But be sure to respond to the complaint in some way.

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[GenHillOne]

Can’t SO also include a request for plaintiff to cover legal fees if the case is found to not have merit?

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[cjboffoli]

gh1: All cases have some merit. Even bad ones. The bar may be set a bit lower on this one because it is a personal injury case which is a realm prone to abuse. But it always depends on the judge you get. I’ve seen judges grant defendants a motion for summary judgment (basically a win with the facts presented before the bench but without trial) but then refuse to grant them attorney’s fees if something about the case was interesting or presented a compelling argument.

Without knowing anything at all about the plaintiff’s complaint, my guess is that she is angling for the defendant’s insurance company to get involved and to offer a settlement. Something in the $10K range makes more business sense to them than the defendant fighting it out in court and spending $30K. The plaintiff may have even found an attorney who is working on a contingency fee. Meanwhile, the defendant’s premiums may go up and insurance gets more expensive for us all because the plaintiff decided to cash in on something that was apparently very minor.

Access to her medical records through discovery will be a key part of looking at what kind of case she has. It is going to look awfully suspect if she hasn’t been treated at all for injuries related to this accident but instead has suddenly been struck by some kind of debilitating injury.

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[Oliver]

As others have stated, you want to notify your automobile insurance carrier as soon as possible. The liability portion of your insurance coverage should provide that the insurance company has a duty to defend in the event of a claim similar to what you are decribing – Thus, I agree it is important to have legal counsel but it may be your insurance company’s responsibility to pay for that counsel. Additionally, if your partner owns a home, a home owner’s policy may contain similar coverage with a duty to defend.

The statute of limitations for tort claims (e.g. personal injuries) is three years, but is not as black and white as it may seem and is a defense that can be waived if not timely asserted.

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[changingtimes]

thanks everyone for your advice!! thats why i love the blog!!! my fiance was all embarrassed that i put it up here..but i was like its the best place for fast opinions!! ha ha ha! we have obtained legal council and notified our insurance carrier! thanks again everyone! :)

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[MrJT]

Changingtimes, It sounds like you need to get Mike Brady to throw his briefcase on the floor… Good luck with this parasite.

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[cjboffoli]

Mr JT: LOL!!! Nicely done. That one’s a classic!

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[What The]

Another Happy Ending in WS….Ahhhh (hopefully).

Counter sue the POS!!!

I was 3yrs younger in 2006 and so wasn’t she…it took her this long to figure out she had physical distress from the accident?!

I also suppose she hasn’t been to work in 3yrs? RIGHT…Recently laid off perhaps? YES

What part of the word “Civilization” can’t the majority get?

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[Citizen]

I confess, I’m a lawyer. You want to notify your insurance company immediately. It will probably defend the lawsuit for you. But it’s true you or your lawyer or your insurance company’s lawyer needs to file papers within 20 days after you were served with the summons and complaint.

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[JoB]

don’t count on your insurance company to fight for you since they may figure the cost benefit ratio isn’t worth it…

mine didn’t and i ended up with a very expensive accident on my insurance record which nearly cost me a rise in premiums in spite of a clean record.

if the police didn’t cite anyone is unlikely that there is much record of the incident….

i highly advise getting yourself an attorney..

she didn’t sue the insurance company.

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[JenV]

you HAVE to notify the insurance company, and part of what you pay premiums for is for them to defend you when something like this happens. Even if the police didn’t cite anyone, you can assume there are damages – however minor – and the damage to the vehicles tells the tale. It is likely the insurance company will pay out a little bit on her bogus claim, but they will investigate it thoroughly and fight to not pay any more than is warranted….unless you have Allstate, in which case you’re screwed. ;)

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[JoB]

JenV..

I agree with notifying your insurance company but not with depending upon them to fight the claim.

I have very good insurance but they decided the cost of fighting and the possible risk of losing was more than the claim they negotiated…

so the accident went on my record even though the woman was speeding and on her cell phone and filed a pretty much bogus injury claim.

They started a small business thanks to the settlement… and are still in business.

i suppose i could write it off to helping an immigrant get a good start.. and for the most part i have though i don’t patronize their business..

but even though it wasn’t my money.. it was since i have paid premiums accident free for years and that accident combined with my age didn’t help our rates.

I would rather have hired an attorney and had the option of making the decision myself.

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[Author]

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