Legal Question in Personal Injury in Tennessee
Defendant in a frivolous lawsuit
A family member of mine rear-ended a slowly moving semi at a high rate of speed (he fell asleep at the wheel of his SUV) and almost died. He was in the hospital for almost a week, took one year to receover, and is now disabled. The semi driver is now suing my family member for $150,000 for permanent bodily injury and diminished earning capacity. This is the biggest lie ever, but how can we prove it? There is no way this semi driver was hurt; he probably wasn't even sore. My family cannot afford a lawyer. Besides pictures of the wreck and pictures of the defendant's injuries, what else should the defendant bring to court? Are there any studies on the likelihood of semi drivers being injured when struck from behind? Is it okay to take pictures of the plaintiff without his knowledge--pictures that show he is obviously not hurt? Could he be countersued for causing undue mental distress to a newly disabled person? Would a judge even think about ruling on the side of a semi driver in such a case?
2 Answers from Attorneys
Re: Defendant in a frivolous lawsuit
Call YOUR auto insurance company and report the accident and lawsuit. They are supposed to provide a lawyer to defend you.
Re: Defendant in a frivolous lawsuit
Yes, a court will seriously consider the other driver's claim. It appears this is a clear case of liability, but without more I can not say for certain. If your family member does not defend the law suit, the driver will have no problem proving you family member was fully at fault. Even with a good defense, that is probably the case. So really it comes down to damages. Keep in mind, people generally request more in their complaint than they plan on receiving. While the driver will have to put on proof of his damages it would be best to have an lawyer present to represent your family member so the amount of the damages can be properly challenged. Your family member's automobile insurance policy probably provides for a defense lawyer, so contact the company right away. Best of luck.
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