Legal Question in Personal Injury in Ohio

Dismissal for Real

After an expensive criminal battle the result being charges dropped, I found myself in a civil suit. I (pro se)answered with a counter suit. At the pretrial hearing,out of chambers, the plaintiffs attorney said they would drop the suit if I would drop my counter claim. I agreed, wanting to put the whole matter behind me and also due to the fact that if I did win I would never collect anyway. I was told the paperwork would be sent to me and I never did get to attend the pretrial conference with the judge. Two days later I receive mail from the plaintiffs attorney containing a ''Motion for leave to file an answer instanter'' and ''answer to counterclaim''. I am wondering why now if we are dropping the suits do they answer my counterclaim. Do they really intend on dropping this or is it a tactic to get my guard down and not be ready for trial that is 3 weeks away? What is common practice for dropping a suit and counter suit?


Asked on 10/19/06, 10:31 pm

2 Answers from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Dismissal for Real

YOu need to write a letter immediately to the other side and confirm your thoughts... They are preparing to defend themselves...

Get any understandings NOW and in writing!!

Read more
Answered on 10/20/06, 12:10 am
David Davies Law Office of David H. Davies

Re: Dismissal for Real

This may be a silly question, but did you have liability insurance at the time of the accident? If so, this matter should be handled by your insurance and an attorney hired by them and you should contact your insurance ASAP! That said, I do not believe that you can have a trial set if the other atty has not even answered your counterclaim. He (or she)may have filed the leaves to plead to protect them from a default but I have to agree, it seems like it would have been easy for the attorney to prepare the agreed dismissal entries and submit them to you for your approval rather than filing the other papers. If you were injured and think that you have a legitimate counter claim, you may be able to get an attorney to work with you on a contingency basis. In any event, get some legal advice directly from an attorney. All we can do on this site is make generalizations that you should not rely on. If you want to discuss this further feel free to contact me with info on how to call you and I will answer any questions that I can-no obligation. Contact me, your insurance, or somebody! just do something right away!

Good Luck

Regards

D.H. Davies

Read more
Answered on 10/23/06, 6:07 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Ohio