Legal Question in Personal Injury in New York
3 years ago my 20 yr old college student son was accused by another student of beating that student. Eye witnesses said it was another group of guys that did it but the very drunk other student accused him anyway. My son was charged with gang assault and larceny. Due to the fact that the accusers father was an Amhurst cop, my son's lawyer recommended he accept a lesser plea of 3rd degree assault and not risk losing a trial. We were told it would be difficult to get in the middle of the DA's relationship with the Amhurst police. So my son accepted the lesser charge, is now finishing up his 3rd year of probation, and got himself a fine job despite the misdemeanor on his record. We just received notice that the drunk guy is now suing my son for reimbursement of bodily injury expenses. What can we do?
2 Answers from Attorneys
His plea of guilt can be used as an admission. He will then have the task of explaining.
Good question!
First: If you have homeowner's insurance, notify them immediately in writing. They may cover your son. Better yet, hire an attorney to write the letter. It is called a "tender letter." It will not cost you much to have an attorney write the tender letter.
Second: If there is no homeowners policy or if the insurance company "disclaims", definitely retain an attorney. Your son must defend himself. The sums you will ultimately pay with an attorney at your side will probably be far less than the amount of a default judgment.
Third: This may come as a surprise but the injured party's attorney probably doesn't know ANYTHING about your son. He has taken his client's word at face-value and perhaps has reviewed a handful of documents. The attorney is HOPING your son has assets or that there is a homeowners insurance policy which he and his client can tap into. If there is no homeowner's insurance, a good attorney will have your son execute an "Affidavit of No Insurance." The attorney will also show the Plantiff's attorney that your son has limited finances/assets. The Plaintiff's attorney most likely has taken the case on a 1/3 contingency fee basis. Once the Plaintiff's attorney gets this information, he will realize that neither her nor his client will be able to recover any money. In that case, he may very well suggest that his client discontinue or accept a tiny, "nuisance value' settlement.
Hope this helps!
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