This guy who at the time was working for my mother at a business she owns has charged me with assault and battery. He has also sued my sister, mom, and my mom's businesses and our insurance company for the business.
He is accusing me of breaking an alcohol bottle on his head which supposedly knocked him out unconscious to the floor than me beating and kicking him while knocked out.
I never did this but he is suing for pain and suffering, medical, loss of wages, past and future.
I have about 10 witnesses that said this never happened.
I am very scared and uncomfortable about this situation.
My lawyer says that he is a professional plaintiff.
What is going to happen to me?
2007-09-03 04:18:22 · 7 answers · asked by Angelcupcake 3 in Politics & Government ➔ Law & Ethics
Thank you everyone.
Everyone says I have nothing to worry about but I have to fly into town, pay someone to watch my dogs.
I am freaking out! :)
2007-09-03 05:09:41 · update #1
If what you say is true, you probably have nothing to worry about. Your attorney should consider counter-suing for libel or slander, malicious prosecution and harassment. Do not settle out of court, this will only encourage scum like this to continue with others. Good Luck!
2007-09-03 04:32:04 · answer #1 · answered by Cecil n 7 · 1⤊ 0⤋
It's not all that bad as you have witnesses. That is a lot of suits so it will be a pain, lengthy and expensive. But fight you must instead of settle because when you are talking medical (now and future) and future wages it could turn out to far exceed the businesses insurance ceiling. And if he wins just one everybody could owe a huge amount of money later.
Ok so he is critically injured and unconscious. Did he just wake up and walk out? If an ambulance came the police would have been called. Why did he not call the police right then. Say someone beat him up later and then he went. The medical records would show if they were recent. There are too many holes.
This would be hugely expensive for him to sue as well and it would drag in court for many years. Each decision even if he won one it would be appealed. The insurance company will automatically. The insurance company will send out an investigator. Years ago I did that sort of thing for a bit. A guy would say he can't work but I would catch him working. Hey you still have to pay rent and such. It is worth the insurance company to pay someone like me $5000 when faced with a $180,000 payout.
Relax and call his bluff. Faced with appeals, counter suits and not seeing a dime for many years he will back off. Plus the threat of filing charges for a false police report and insurance fraud...... now and even later even if he gets a settlement.
Question though. You can't just have someone charged. The police have to interview you and find credible evidence to actually charge you. You would simply say "interview my witnesses" and that would have been that. Medical records would not be enough as they have to prove YOU did it. So if there is enough for some reason all of the suits will stick. And if there is the barest possiblitity that it did happen...... tellling the insurance company will be fraud and make the business uninsurable.
2007-09-03 05:27:02 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
If your attorney believes this guy is a professional plaintiff, your attorney should be able to get enough through discovery to expose this. Sometimes these people use different lawyer or new ones that have no idea what he is up to.
If it becomes clear to your attorney that you can prove the malicious nature of the suit, he or she should be able to get the other side to drop the suit.
If none of the above happens, then there will be at least 12 depositions (plaintiff, defendant and your 10 witnesses). Then your attorney will prepare a motion for summary judgment. The other side will file a response to that and a motion for summary judgment of their own. Your attorney will respond to that. Then their will be a hearing for oral argument and the judge will decide if either party is entitled to summary judgment or the case proceeds to trial.
Talk to your lawyer for detailed information on the process as laws vary from state to state. Although I am an attorney in KS, please do not rely solely on what I have stated. I do not know anything about the specifics of the law in any other state but KS.
good luck
2007-09-03 04:30:45 · answer #3 · answered by hensleyclaw 5 · 1⤊ 0⤋
You are going to get a crash course in insurance fraud and court bureacracy. I hope your insurance company does not cave to the guy and give him a hand out - that is what he wants and that is what his lawyer wants - a quick settlement - fight them all the way so the rest of us don't have to pay for such losers.
2007-09-03 04:26:21 · answer #4 · answered by netjr 6 · 0⤊ 0⤋
Countersue for malicious prosecution.
2007-09-03 05:46:15 · answer #5 · answered by Bill 6 · 0⤊ 0⤋
Good luck I would counter sue.
2007-09-03 04:29:51 · answer #6 · answered by David 4 · 0⤊ 0⤋
Extortion, make sure he never makes it to the courts...or else... ;)
2007-09-03 04:25:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋