Legal Question in Personal Injury in Pennsylvania
Ill mother
My mother was responsible for a
minor car accident about 5 years ago
and the injured party is filing suit
against her. She is 75 years old and
in very poor health with extremely
high blood pressure. Her case is being
handled by her insurance company
and they have retained a lawyer on
her behalf. I was wondering if there
is any way to keep her from having
to appear in person at the jury
selection and the trial? I sincerely
believe she will not survive the
stress. The last stress episode she
had resulted in a blood pressure
reading of 275/169! If she is forced
to testify in a court I believe with all
my heart she will have a stroke. Is
there recourse? Is there some way
she can testify by camera from home
or something? Please help, she is
already in an extreme state of panic
and I am so afraid for her.
2 Answers from Attorneys
Re: Ill mother
Have you discussed this concern with her attorney? The insurance company retained the attorney but your mother is the client. If the accident occurred 5 years ago the lawsuit must be at least 3 years old. Was her testimony recorded at a deposition or arbitration hearing? Would her doctor give an opinion of the effect testifying would have on her? Start by talking to her attorney.
Re: Ill mother
There is no rule that says your mother must attend. Talk to her insurance lawyer, explain the problem w/ your mother's health, and tell the lawyer that it will be unhealthy for your mother to attend the trial. Also, most cases settle before trial, so the chances that she will actually have a trial are slim.
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