I am currently involved in a personal injury lawsuit against an individual that ran a red light and hit me and my wife while we were pulling into the intersection. I recently found out that the defendant has lied under oath in his answer to the interrogatories that I submitted to him. He also has multiple aliases he is using to try to hide assets. How do I request the judge to grant a default judgement based on perjury? I do not have a PI lawyer and am trying to do this on my own.
I have spoken to multiple attorneys and none of them will take the case. The reason they gave me is that he had the minimum insurance liability of $25k. My medical bills alone were more than twice that amount. The lawyers I spoke with said that I would get the insurance money without their help. The guy that hit me has substantial personal assets, which is what I am going after. The lawyers will not help because they tell me it is hard to collect on an individual lawsuit.
Lawsuit / Dispute Attorney
Perjury will get you no where in your case because civil perjury does not relate to your cause of action. It is very technical. You may, by vigorous cross examination prove up the lie. But, that takes a high degree of skill. You must persuade the trier of fact that it is a lie and that is really hard.
Get counsel. Pro se is almost short for "YOU LOSE"
Personal Injury Lawyer
It is very hard to collect on an individual over the amount of coverage. This is because of the potential for bankruptcy, as well as what assets there are on which to be collected. Unless there is substantial real property or substantial assets in a banking institution collection is difficult.
You can ask for sanctions based on the perjury. I do wish you luck with your case and strongly advise you to consult an attorney to at least evaluate your chances of victory and then if victorious, the possibility of collection
The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.
The perjury will not allow you to win the lawsuit. You should still sue and try to get a judgment against him, either default or otherwise. Then the case will simply turn on trying to collect on the judgment. As stated elsewhere, a bankruptcy filing would wipe out your judgment. In this scenario most PI attorneys will not take this type of case on a "contingent" basis since the odds are really low you will collect anything. You could pay an attorney by the hour to help you with the case. That way you are only putting as much money in the case as you can afford and can get some help along the way.
I am only licensed in Mississippi. By answering this question, we have not entered into an attorney-client relationship nor am I your lawyer. The advice I give in this forum is general in nature and you should consult with an attorney privately before relying on any advice provided in this forum.