QUESTION
Do I need an attorney if I am being sued for mental anguish?
Asked on Jun 21st, 2011 on Personal Injury - California
More details to this question:
I am being sued for mental anguish by my ex fiance's family because he committed suicide. I have a mediation coming up. Should I get an attorney? They are saying its my fault he committed suicide back in 2007
13 ANSWERS
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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This sounds like a weak claim against you. Do you have insurance? Did you report it to your carrier? If so, the carrier should assign you a lawyer. If no, you should have a lawyer even if the claim is weak so you are fully protected. If for some reason you lose the case, the judgment in a death case could be huge.
Answered on Jul 25th, 2013 at 10:37 PM
Personal Injury Attorney serving Houston, TX
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Riley Law Firm
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Yes, you definitely should get a competent attorney, who will protect your interests only. If you have homeowner's insurance, see if you have liability protection. If so, the insurance carrier may be obligated to provide you with a legal defense to this claim.
Answered on Jun 28th, 2011 at 9:31 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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You definitely should consult an attorney due to the fact that you are being sued. Whether you continue to have an attorney will depend on what advice he/she gives you.
Answered on Jun 27th, 2011 at 6:46 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Thanks for your inquiry. I am only licensed to provide legal advice in the states of Louisiana and Mississippi. I am not sure what state you are in or the laws which may apply to your case. However, when you are being sued it is always best if you have an attorney who can advise you. If a mediation has been scheduled, then it is definitely best to have legal counsel. Without some additional information, there is not much else that I can advise you on at this time. Please contact my office to discuss further. I am happy to discuss all of the issues with you in more depth. Thanks again!
Answered on Jun 27th, 2011 at 6:24 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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You definitely need an attorney. There are defenses you have that you may not know about. Their claim may be barred by the statute of limitations.
Answered on Jun 27th, 2011 at 5:21 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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If you are being sued and you don't want to settle your case and pay them you definitely need an attorney. From the facts provided here an attorney should be able to get this lawsuit dismissed.
Answered on Jun 27th, 2011 at 5:15 PM
Theodore W. Robinson
Yes, you do need an attorney to represent you.While a mediation is not necessarily binding upon you, it could lead to a binding arbitration if you loseat this level. Better to win now, by using an attorney then to lose and later regret it. Good luck.
Answered on Jun 27th, 2011 at 4:38 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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That sounds absolutely ridiculous to me. Yes. I would hire a lawyer. I don't understand why you are going to a mediation. Did they commence a lawsuit against you already? Have you been proceeding thus far without an attorney? If so, I think that you are making a BIG mistake. Also, the Statute of Limitations on wrongful death cases in New York State is two years. If they haven't sued yet, then they can't. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.
Answered on Jun 27th, 2011 at 4:22 PM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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You definitely should have an attorney especially if the ex fiancs family has one. Sure it may cost you some money to retain a qualified attorney; but it will likely be a lot less than the cost of trying to handle this on your own.
Answered on Jun 27th, 2011 at 4:20 PM
Yes, you should retain an attorney to represent you at the mediation and to adequately state and protect your position.
Answered on Jun 27th, 2011 at 4:11 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You are always better off having an attorney. You do not tell me much about the suit. It sounds a little bit like an "odd ball" case that could be thrown out of court by a judge at summary judgment. If they have an attorney, you are definitely at a disadvantage without an attorney. If you own a house, your homeowners insurance might cover any damages and hire a lawyer for you. If you do not own a house, you may be what we call judgment proof, and a judgment against you may not hurt you too much, plus you could use that to bargain a small settlement in mediation. All of these issues are better handled by an attorney.
Answered on Jun 27th, 2011 at 3:54 PM
I would advise getting an attorney if being sued and it has progressed to mediation. If there is no basis for the suit an attorney could file a motion to dismiss. I have not dealt with this type of case but it seems like a real stretch that someone else is responsible for an adults suicide. He is the only one who did the final act.
Answered on Jun 27th, 2011 at 3:18 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If you are being sued, you are at risk of having a judgment being rendered against you. Absolutely you should have an attorney. If you own an home and have homeowners insurance, you might see if the carrier will provide you a defense. But you should get an attorney who can do legal research on the viability of bringing a claim against you for someone else committing suicide and if the law supports their claim, you need to have someone represent your interests because a large judgment could obviously wipe you out financially.
Answered on Jun 27th, 2011 at 3:12 PM