Legal Question in Personal Injury in Tennessee

possible frivolous lawsuit
My brother accidentally rear-ended someone at a yield sign nearly a year ago, going around 15 miles an hour. The woman he struck went to the hospital, and he heard nothing more until yesterday. The attorney claims that he did permanent damage that has deteriorated her quality of life, can no longer work, and charged that he did it with malicious and willful intent. They are trying to sue him for damage done to his car, which the insurance company has already settled, and for hospital bills, which the insurance company has not yet settled as she is supposedly still seeing a doctor for-torn rotator cuff. She is trying to sue for $400,000.00, including the settled auto and the hospital bills the insurance company will take care of once she submits her claim. Also, in the papers he was served, the attorney mislisted the model of his car and neglected to include any totals for hospitalization to date. We both feel that this lawsuit is frivolous and that she has little to no standing to do this, since she is still working with the insurance company. What can he do to counter this ridiculous attack? Does he have a chance for defense, and if so, could you point us in the right direction? Are there any pro bono lawyers in east tennessee?

Asked on 1/11/07, 7:07 pm

Robin Gordon Gordon Law Group, PLC

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Re: possible frivolous lawsuit

If your brother has insurance, this matter should be turned over to the insurance carrier immediately and the insurance company can handle it.

Based upon the information provided, the case is in all likelihood not frivilous and should be dealt with.

Answered on 1/12/07, 9:55 am

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