Legal Question in Personal Injury in California
I was rear-ended by another motorist back in January of this year. I had a passanger in my vehicle and we were both hurt,my car was totalled. I got paid for the car by the motorist's insurance company but I was not satisfied with their offer in regards to my injuries and medical bills. As such I have filed a lawsuit in pro per against that motorist back in November 2009.The Defendant was served by the sheriff on dec. 01, 2009. I just got an answer from the attorney who has been assigned by the insurance company to represent the defendant. Althow the envelope was addressed to me, the name of the plaintiff on their answer paper is not mine,it is the name of my passenger from that car colission. My passanger did not sued anybody yet.
Is this a trick or the attorney was slappy? Can I wait for the 30 days to laps and then hit them with a notice of default?
Help please!!!!
3 Answers from Attorneys
If the attorney answered for the wrong plaintiff, then you should notify him in writing of the mistake and give him the opportunity to correct the mistake. Otherwise, it is likely the court would set aside any default you take against the defendant for the mistake made by the attorney. However, if you notified him of the mistake and he fails to correct it timely, it is unlikely that the default would be set aside.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change
I agree with Steve, sounds like sloppy work. You could take their default now but a judge would set is aside. I would suggest that you get an attorney because if you don�t they will run you over and you will get far less than you are entitled to even after paying your attorney
Good luck and hope that helps.
Typically an attorney will tell you, you need an attorney, right? In this case, you really do need assistance. Filing for default would be a waste of time. Let the attorney know they answered incorectly and in the meantime find a competant personal injury attorney to handle your case. Not all personal injury attorneys are the same, we like to think our practice is different than most. If you would like more information, send me an email or give my office a call.
Best,
Bryan
Becker Attorneys
www.becker-attorneys.com
877.201.8728
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
