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What options do you have on a civil lawsuit filed in another state?

Dyersburg, TN |

My son rear ended another vehicle two years ago in VA. He has since gotten out of the military and moved back to TN. He received a court document stating he was being sued for $500,000 plus interest. He has no job or assets, and with the case in VA is having trouble finding someone in TN to represent him? The suit stated he had twenty-one days to respond in legal form or he assumes guilt.

Attorney Answers 9


  1. If he had insurance, he needs to send the papers to his company and they will hire a lawyer for him and provide a defense. Otherwise he needs to find a lawyer in VA. A TN lawyer can't help.


  2. I hope he had auto insurance. If he did, he must get all papers to the auto insurance carrier TOMORROW! The carrier is obligated to defend him against the lawsuit.

    Best of luck to him and please thank him for his service.

    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 insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. Your son should report this wreck to his insurance company. You should also consult a VA lawyer right away.


  4. This is a very serious situation. Please contact a local attorney until you find one who can take on your case. You need to protect your son. Best of Luck.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  5. Did your son have insurance at the time of the accident? If he did, then you should forward the complaint to your insurer. They should appoint an attorney to provide your defense. If he did not, or if the insurance refuses to provide an attorney, then it may be time to hire your own counsel to protect your interests.


  6. He simply needs to send the papers to his insurance company, and they will provide a lawyer to defend.


  7. Your son needs an attorney licensed in Virginia. While there are plenty of VA licensed attorneys in the Memphis area, you are going to have a hard time finding someone who will be flying or driving 600 miles each way to and from the courthouse. Your son's insurance company should step up to plate and assign an attorney to the case. If there is no insurance involved, your son has a host of other issues -- he would in that case need to get an attorney on his own in VA. Many counties have referral services to attorneys in their area. In addition, several law schools in VA have legal clinics that may be able to assist in directing you to someone who can help.

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.


  8. Like the other attorneys advised, he must advise his insurance company immediately and provide them with copies of the documents received. He should also seek an experienced insurance coverage attorney/personal injury attorney if the insurance company denies him coverage and/or defense counsel. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  9. Notify his insurance carrier and they will investigate and defend the case.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.