Legal Question in Civil Litigation in California

Need help for brother in law in civil case. My brother in law barely hit some one with his car maybe two years ago. Now this lady (eventhough there seems to be no injury back then) now claims he is at fault and is seeking to cover her damages. He cannot afford an atty. and was told by the judge he may lose his house if he does not get an attorney and go to court with this matter. Is this possible he is almost done paying off his house and seems this lady is just out to get something. This happened here in California and he is rather scared to see what may be the end result. Can anyone help and is it possible to even get a quality attorney for small up front fee maybe?


Asked on 3/01/10, 2:51 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

He should tender the lawsuit to the insurance carrier which covered his vehicle at the time of the accident. That's why we have auto insurance. Assuming he did not have insurance, then either he should retain an attorney, or pay an attorney on a piecemeal basis for consultation purposes. There also probably are self-help books on how to defend oneself in an auto accident case. Since she filed the lawsuit within two years, my guess is that she's claiming that she was injured. He would want to obtain her medical records to verify her injuries and cost of treatment. He would also want to obtain records and photos from the body shop where her car repairs were made. It doesn't sound like it was a huge accident which would result in his losing the house. An attorney could also help negotiate a settlement, if need be. Don't forget that he must file an answer with the court and mail a copy to the plaintiff's attorney within 30 days of service of the summons and complaint.

Read more
Answered on 3/06/10, 3:45 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California