How to handle a frivilous lawsuit???

Question

A friend I work with is involved in a frivilous lawsuit where some woman who rear ended him is trying to sue him for 500,000 dollars. This would take everything he has in savings, his home and everything else he owns if she were to win and he would have to delcare bankrupcy. When the traffic part of this went to court he was found not to be at fault of the accident, but his lawyer in the civil lawsuit has told him that the results of the traffic court are not admisible in the civil lawsuit. He is afraid that due to the fact that she has a very good lawyer that she may win this case.

My advice to him was, that if he was sure she was going to win the case, I would take everything I owned before the trial and sell it. Then I would go out to Vegas and blow it like a rockstar. If there is nothing for her to take what can she do? If he has to declare bankrupcy over this, at least he gets a little satisfaction knowing she wont take all he owns. How would you handle this situation?

Answer 1

i think that your friend should spend the money so that the lady doesnt get it because if the accident wasnt his fault the lady should not get the satisfaction of having all of your friend's money.

Answer 2

Just because one has a judgment against them doesn't necessarily mean that they are obliged to pay it. Even if she wins a suit she'd have to fight him for everything...He is not required to voluntarily hand anything over to her just because she's obtained a judgment. Additionally, the initial auto accident incident was tried as a civil case and if she's suing over the same incident than it's not likely that a court would ever hear the case as it's double jeopardy...It had already been resolved. Finally, it sounds like he's only being threatened at this point...He can ignore her. My wife had something similar happen when she dissolved a partnership with a business associate where he was PAID IN FULL...About a year or so later a letter arrived on an attorneys letterhead threatening a suit for underpayment and seeking damages in the amount of $250k...It was ignored and it's now 10 years later...nothing. There was no case than and there's none now...as is the case with your friend. PEACE!

Answer 3

The only way I would ever do what you suggested is if I had multiple lawyers tell me that the person suing was going to win and get everything. I really don't know what I would do otherwise, maybe just hope justice prevails? I think any judge with common sense (which should be 100% of them) would look at the case and if it is really frivolous would conclude it frivolous and provide justice to both parties. I know the American court system is flawed and that I have posted on here a few times commenting on it, however I don't think it is THAT bad.

Answer 4

sounds like he need a better lawyer. the result of the traffic court could be use in a civil lawsuit (i think). he should go and talk to several lawyer for their opinion. most don't charge the first session. beside, how could she win the case if she's the one at fault? the lawyer would have to come up with some really fancy story to pull that off.

Answer 5

I seriously doubt she will receive anywhere near that amount. I was rearended by a FedEx driver going above the speed limit (I was stopped on the freeway, as were cars in front of me, due to construction). The FedEx guy did not pay attention, kept driving, and slammed into me going about 55, pushed my car into the car in front of me, totalled my car, and I was bedridden for about two months. I went through my insurance company, who went to FedEx's ins. co., they paid for my car, a rental car while the ins. companies duked it out, my medical expenses, time off from work, and about $3,300 for pain and suffering. So, that is waaaay below $500,000 and I had a good amount of injuries (but nothing permanent or life threatening). With the car, work, and medical expenses added, it probably cost FedEx about $25,000 for the actual payout. If I were your friend I'd hang on to my money, get the best lawyer I could, and hope for the best. Could he transfer any assets before the trial? Just wondering.

Answer 6

Where is the insurance company is all of this?



What were the woman's injuries and how much was her car worth? No judge is going to award someone half a million dollars for a bent fender and a few bruises. If she rear ended him and he isn't at fault he should counter-sue her, for expenses related to the accident plus the attorney's fees he's having to spend because of her idiotic law suit.



If he's worried about the quality of his lawyer he should go get one that's better than hers.

Answer 7

And that, my friends, is the whole point of insurance.



If he had insurance they would be the ones who would have to pay out if the case is lost, their army of lawyers would be laughing at her 'very good lawyer', and they would settle on something small to make her go away and stop wasting their time.

Answer 8

I wouldn't sweat it because the lawsuit is below my policy limits.