Legal Question in Civil Litigation in California

Counter suit - question

I just received legal advice about my case I need a second opinion. I will write in general terms; I hope its specific enough to answer my question…

I am being sued for negligence in a Personal Injury suit. I believe I am 100% not liable for the claims stated in the suit. My attorney has advised, in my summons written response, I should counter sue the person that actually caused injury to the plaintiff. Is this standard practice? They are coming after me because I think the plaintiff believes I have the “deeper pockets”. The person that originally caused the plaintiff injury is an 18 yr old kid with no job.

In short, is this “deflection” tactic (for lack of a better term) common in civil litigation?

Thanks you,


Asked on 4/17/08, 5:17 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen
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Re: Counter suit - question

It's not a "deflection" tactic. All parties potentially responsible should be named in the lawsuit. If you face exposure, wouldn't you want the responsible party to pay what he/she owes? More than likely, the 18-year old's parents have insurance that will provide coverage for the accident. Your attorney apparently was hired by an insurance carrier. They're there to defend you, not to prosecute a cross-complaint.

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Answered on 4/17/08, 5:39 am

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