QUESTION
Can you be sued for personal injury when the other person initiated the attack? How?
Asked on May 12th, 2015 on Personal Injury - Montana
More details to this question:
Our neighbor is mentally unstable, and he attacked my son and I. My son acted in self-defense, and they both sustained injuries. The police report stated that it was self-defense and that the neighbor initiated the attack, but now he is suing us for personal injury and negligence. Can he do that? How should I respond?
10 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Contact your home owner's insurer adapt. They should provide a defense.
Answered on May 14th, 2015 at 1:32 AM
Ronald A. Steinberg
Turn it over to your homeowner's insurance. You have a defense. The homeowners company will appoint you a defense attorney. If you do not have insurance, you will need to hire a lawyer.
Answered on May 13th, 2015 at 9:22 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Many lay persons use the term "suing" without really understanding the technical aspects of that term. Have you been served with a Summons and Complaint? If not, then it's just talk. If you have, then the best way to deal with it is to hire a lawyer so that you can get the most efficient and throrough defense.
Answered on May 13th, 2015 at 8:06 AM
Anyone can always sue anyone else, but that does not mean they will win. ?if you are a homeowner, your insurance will provide a free attorney and pay for the defense of the case. ?Notify the insurance company immediately. ?The neighbor can only collect if he can show your son or you used unreasonable force in defending yourselves. ?He probably has a very weak case and you should cross-complain against him for starting the altercation and any injuries, including pain and suffering, you had. ?He likely spoke to an attorney, to whom he did not tell the entire true to, ?who told him he could see if he could get your insurance company to pay something. ?He included a claim for negligence to drag the insurance company in, as its coverage would not include any claim for intentional acts.
Answered on May 13th, 2015 at 12:25 AM
1 Award
You will have to get a lawyer to represent you. Do not let the man take a default judgment against you and your son.
Answered on May 13th, 2015 at 12:11 AM
Edwin K. Niles
You should retain a lawyer ASAP, as you only have 30 days within which to file an answer. To answer your question, anyone can sue anyone; however, I doubt that they will be successful.
Answered on May 13th, 2015 at 12:07 AM
James Eugene Hasser
He can sue, but it doesn't sound like he can win. Turn the lawsuit over to your homeowners insurance company and let them defend you. Good luck.
Answered on May 12th, 2015 at 5:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes he can sue, question is whether or not he can win. Notify your renters or homeowners insurance carrier.
Answered on May 12th, 2015 at 4:07 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You need to file an Answer within 20 days, and within that Answer you need to deny any allegations with which you disagree. If you fail to respond within 20 days, you may have a default entered against you. It would be better to hire a lawyer to do this for you.
Answered on May 12th, 2015 at 4:07 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Call you home insurer and report the claim immediately. You may have insurance coverage. If you are served a lawsuit don't ignore it. If your insurer is either denying coverage or delaying, send a written denial of each of the untrue allegations in the lawsuit to the court so your neighbor can't take a default judgment against you or your son. Good luck.
Answered on May 12th, 2015 at 4:03 PM