Legal Question in Personal Injury in Maryland

Counter-sue for emotional distress?

I was invloved in an auto accident last year - myself and a friend in my car, two kids in the other car. When an officer showed up, he agreed with everyone that there were no damages to either vehicle nor were there any damages to the people involved. Now, I'm being told I have to appear in court because the other party is suing me for $20,000 and suing my friend for $20,000 in personal damages (pain and suffering). Supposedly they also reported and were covered for neck and back injuries. We both have the same insurance company, but I was told they couldn't just make a settlement. This recent ''issue'' has caused me a great deal of stress and anxiety and has made my currently unfortunate situation with unemployment that much worse. I have a long, medically proven history of stress problems, anxiety attacks, hyperventilating and seizures brought on as a result. Do I have a chance at counter-suing for emotional distress or any similar case? It doesn't seem right that I should have to suffer. Please, any help would be greatly appreciated. Thanks.


Asked on 6/26/03, 1:28 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Counter-sue for emotional distress?

The facts as you describe indicate that you have manifested a condition of stress which is required to be shown under Maryland law. However, you do not show that your condition is related to the suit.

Based on all the facts you discussed it sounds as though you may benefit from legal assistance. It is lawful for a plaintiff to bring suit even if it causes stress to the defendant but misuse or abuse of process is not permitted.

You may need defensive representation, discuss this with attorney. Feel free to call me at (410) 799-9002.

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Answered on 6/26/03, 7:36 pm


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