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Ratings. Guidance. The Right Lawyer.
Company beng sued after a settlement was awarded from insurance.
Friendship, NY
Viewed 30 times.
Posted about 1 month ago in Personal Injury
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About a year ago a friend was bit by a dog at my parents home. The dog was ours. Our insurance co won the case, mom's gave a settlement. He was not thier on company business. The man is now sueing mom and dad's home based company. Is he entitled to sue after being awarded a settlement from the insurance co.?
Additional information
He was a friend of theirs. He said he came over to wish them a happy anniversary. He told 2 different stories. He told my brother he opened the door and walked in then te dog jumped up and bit him. In the deposition with the home owners ins. He said he knocked on the screen door and the dog pushed it open and bit him on the porch. Mom drove him to the hospital where he got 3 stitches. He agreed with her to not file a claim if they paid the hospital bill. He was given 2 checks totalling $1000.00 which were cashed. We never saw the hospital bills.After he cashed the checks he filed a claim against both home owners ins companies. Mom was taking care of our dog while we were out of town. Our insurance company won that case but mom's awarded him a settlement.I do not know how much. About a month after that they were served papers sueing the company. They run the company out of their home. It is also public knowledge that this man has been trying to sue the gov't since the early 70's when he came home from the war. Answers (4)
L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
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It's possible, it depends. You don't really tell the story so it's hard to say one way or another. Can you give more information? Was there a release? How costly were plaintiff's medical expenses? Who was sued in the first place? Did plaintiff sign something releasing your parents from liability? There are too many unanswered questions to be able to know what to say to you.
Laura Mcfarland-Taylor
This attorney is licensed in Illinois.
Posted about 1 month ago.
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Your parents need to hire an attorney - this is not something they should try and handle on their own.
L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
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I agree with my colleague, a lawyer needs to look at this circumstance in detail.
Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted about 1 month ago.
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You really give insufficient information to fully analyze the situation. If your parents have been served with a summons and complaint, it is imperative that they file an appropriate response within the designated time limit, otherwise a default judgment may be obtained. Your parents should contact their homeowners insurance carrier and advise them of the situation and ask them to defend the action. This should be done by phone and in writing, by certified, return receipted mail providing the carrier with a copy of the summons and complaint. Your parents should keep a copy of the cover letter demanding a defense. Also, your parents should consult a civil defense attorney immediately to have that attorney review the factual circumstances in detail and, if necessary, file an answer to the complaint.
Your parents should not delay in speaking with a civil defense attorney. Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received. |
