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I am so sorry. This whole thing sounds so rediculous. Once the appeal is over, I would sue that man in civil court for the damage he did to FI's truck, lawyer fees, and wages lost from having to take off of work because of his lies.
@MrsMeNow: Thank you! This whole thing has just been SO much extra stress. It is so ironic that they can afford a very reputable personal injury attorney. This stuff just stresses me out so much!
My husband just got off a jury trial for a personal injury case, and the guy didn't get anything! But then again, he also couldn't prove that the guy with the company vehicle actually caused his injuries (he's been in 3 other accidents, but only one with a company vehicle, so of course he tries to go after the company). Hubs was so happy when he got home, and he said his faith in the legal system has been somewhat restored after that
@MrsSl82be: Oh good. I like jury trials because it is just rational people deciding!
Okay, DH spoke with an attorney just now and he said not to worry. He thinks it is just someone from the insurance company doing some actual investigating because it was a female and she is coming back on a Sunday. I sure hope so! Our insurance never did investigate and I had to write a letter correcting all the mistakes in the "report" they sent me.
ETA: He also said not to worry because if it is a subpoena, the sooner we know about it the better. Blah!
@cbee: sounds like he knows what he's talking about, hopefully he is right! Just keep being honest, and you will come out on the top :) I am thinking about you guys!!
Yea. DH got served court papers. :/ Nothing like getting sued to stress you out and make you feel like a real adult :/ (For better or for worse!)
It will be a long road, but it will be a 12 person jury and worse case scenario, we have nothing for them to take. That would mean a bankruptcy and years to build back up our credit before owning a home, but I am glad in a way that they cannot take any assets away from us (we do not yet have any). They are sueing us, Progressive, and their own insurance. They also have Medicad, PPI (a local top notch health insurance company), their own State Farm, and now Progressive and us. They just want money.
It seems like fraud to me, given their age especially. The wife is sueing because "in the future she will suffer the loss of her husband." It actually says that! :/
@cbee:
She will suffer the loss of her husband? What a dumbass. What would they do if you countersued and said the stress of being falsely accused, defamed, and prosecuted would cause the untimely, early loss of your husband?
What money-grubbing assholes.
@cbee: I'm confused. How serious was the other guy;s injuries if it may lead to the "potential loss" of her husband? It sounds like the guy is in a coma or had irrepairable brain damage.
That is the thing. He is 80 years old, signaled a right hand turn, DH has passed him in traffic and DH took a right, the man ran into the side of DH's truck (just with his left handlebar of his bicycle) -only a faint smudge on DH's truck, and then toppled over on his left side.
The officer went to the hospital and we were VERY worried about the old man that fell off his bike, and the officer called that night and said the man was doing great. The next day- or the day after, he was in critical condition with head injuries, shattered pelvis, supposedly other things. The problem is that we do not know (we can't really afford an attorney) if the man A) left the hospital B) had an underlying condition C) if the injuries are even a result of the accident. Whatever the case, the man ran two red lights and signaled then ran into DH- was an unaware rider unable to control his bike- but the people have several attorneys- the best in town, so we feel pretty hopeless about it all.
We already had a trial for a citation- the prosecutor ammended it right before trial, called DH to try to intimidate him that morning, and then had a set-up of hearsay witnesses. DH did not even know what he could or could not do in trial and they knew that and took advantage of him- both the judge and prosecutor. I tell ya, it was PAINFUL to have to sit and watch.
Exactly! They are really something else. They also live in the nicest part of town. So ridiculous that the papers state "will suffer the future loss of her husband" - they are in their 80s.
@cbee: If you haven't spoken with an attorney you can call the State Bar Assc. they can give you referrals to attorneys that do pro bono and reduced fee services. It might be worth it just to talk to someone about it.
agree agree agree with mittens. I don't know much about how to find a lawyer but I do know a friend who had to deal with some court issues and she figured out very quickly that the system is built around lawyer shenanigans and schemes and who knows who and who knows the ins and outs of the courts {she tried to go to court on her own and the judge pulled her aside and said he HIGHLY recommended she get someone to help her}. after that there were tons of case re-sets, extensions, etc. and all kinds of stuff I know nothing about. I do know that the outcome in her case was extremely favorable and it wouldn't have been possible without her attorney {just some guy..definitely not any kind of expensive legal superstar!}
goodluck. I am so sorry you're having to go through this.
Thanks mittens. I have searched before, but just found something with reduced rates he would qualify for that I had not seen before. This might be necessary! Thank you! It is called "modest means"- if you make more than "free" services allow, but less than a certain amount. He fits. I will talk to him about it tonight.
Thanks for your input. It is SO true. I learned that it is all and only about the attorney and judge. What happens in court and the outcome has nothing to do with the truth or what happened- or even the laws that should mandate! We are given false expectations from movies and such. :/ I have also learned that they make it very difficult to get the information you need. (Just to appeal -just to turn in the papers to appeal- it took me an entire day WITH my father on the phone who used to practice law -guiding me!)
@cbee: Happy to help. Yes, Modest Means... I couldn't remember the exact name of it.
I work in the insurance defense field (so we'd represent Progressive in this case). And there is SOOO much BS that gets brought up in these types of cases. It so much easier if you have someone that can help you navigate it.
@MrsMeNow: YES! I can update.
Sigh. So, this really took over our lives for awhile. DH got sued by the man and his wife, and also by an insurance company... and a healthcare provider. I am awaiting the papers to sign for the case to be dismissed. AHH! Hopefully those wil come and this will be almost over. They *should* be settling for policy limits and dropping the law suit. Hopefully!
We appealed the traffic citation, but are thinking about just settling to avoid the trial. Just waiting to find out if we have to appear or just sign off... according to the judge. It was a lot of stress, and I learned A LOT about law. And answering claims :/ And answering answers (cross-claims). Hopefully it will all be the past!
Thank you for your help and support!
@cbee: Yay, so glad things got cleared up and that old bag got the big zero he deserved:)
@cbee: Yikes what a mess! Glad it is nearing the end.
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Here comes a civil case!
I am worried. I will speak with a lawyer this weekend, but today a lady showed up looking for DH with a deliver that could "only be made to him."
I just feel so stressed out.
DH was in a traffic accident where a man on a bike hit his truck and he had an unfair trial, so we just turned it the papers for a jury trial on appeal.
I just don't know if they can bring a civil case while we are in appeal? Before an insurance settlement?
I know they are going to try to sue DH.
I am just upset.