Legal Question in Personal Injury in Ohio
Auto accident
I am being sued for medical expenses above what my insurance paid, from a traffic accident that I was cited in. I tried to contest the citation but was told by an attorney, off the record, that I should plead no contest, which I did, so the lady suing couldn't come back on me in a civil suit. I received a summons of complaint today stating that she is filing a complaint asking in excess of 25,000 for medical expenses. Can she do this?
2 Answers from Attorneys
Re: Auto accident
Yes. She can do that and it appears your attorney gave you good advice.
Regarding an accident, there can by criminal (traffic) issues and civil (personal injury) issues. One has no relation to the other. The no contest pleas prohibits the plaintiff in the civil suit from stating that you acknowledge liability... if you would have pled guilty, they would have been able to assume liability because you pled guilty. With no contest pleas, it is not an admission of guilt and the civil case can not use it as an example of you being in the wrong.
Regarding the suit, if you had insurance at the time, contact your insurance company, they will defend this case on your behalf. If you do not have insurance, you should contact an attorney immediately. This is not all that uncommon. The "excess of 25,000.00" language is staturory in nature and must be included in the complaint. If you have any other questions, call a lawyer. It's much easier to explain this in person than via e-mail.
Re: Auto accident
Yes. Make sure that you file an answer to the complaint on time, otherwise they will try to get default judgment. Your insurance company may have a duty to defend you. Feel free to contact our office for a free consultation.
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