Complaint filed against vehicle owner (who was NOT the driver) in an auto accident case on a pro se basis. Received attorney-prepared answer and defenses to complaint within the allowed 20 days from date to personal service to the defendant. Defendant through counsel denies all facts or allegations aside from those directly and personally related, i.e. residence address and vehicle ownership as of the date of the incident. Counsel is asking for a clarification of allegations. Allegations openly denied are statements of fact and provable. Allegations denied claiming no knowledge are statements of fact and provable. Defendant also claims service was not perfected. What is my next step and do I have any time constraints (none listed in the response).
Honestly, if you have any kind of a valid claim, there are literally thousands of lawyers who would handle your case for you without any payment unless they collect money for you. You have experienced defense counsel opposing who will give you fits and object to everything that you do in the case. Do not go this alone. When you lose, you will have no place to turn for recovery. Retain a lawyer. Don’t blow your only chance to win.
This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory
You probably want to seek out the assistance of an attorney. If it is for money damages, there will be a lawyer willing to work on a contingent basis. A good claim can be lost if not handled correctly.
First, you have 20 days to file a motion to strike affirmative defenses, and you have no idea of the legal basis for that motion. Second, opposing counsel knows what he is doing. You need an attorney who will review your complaint and ask the court for permission to amend it (I've no doubt it needs amending).
If you would notlay doctor and perform invasive surgery in yourself, then you must not play lawyer and litigate your own case. Frankly, as a personal injury attorney, if I had a case, I'd hire another attorney to handle it, and I very much know what I'm doing.
Please hire an attorney before you kill your own case. You likely don't want to hear that, but it is the truth.
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