Re: Being Sued should i sue also?

First, let me tell you how sorry I am to hear about this. I am upset anytime I hear about someone who is being taken advantage of--and I think you and your wife are. I hope your baby was born alright. You did not say in the message where the lawsuit is pending and that is a very important bit of information. In Georgia, if you are the defendant you must file your lawsuit against the plaintiff (called a "counterclaim") at the same time you answer the plaintiff's complaint or you waive the right to sue him. I believe Maryland law is probably the same but I cannot say that for a fact because I do not know. You must give the lawsuit papers to your insurance company as soon as you get them. Your insurer is responsible for defending you in court but is NOT responsible for your counterclaim. You should speak to the insurance defense attorney ASAP and explain the situation.That lawyer may be able to handle the counterclaim for you but maybe not. He also may have a friend who is a good PI plaintiff's attorney that he can recommend. That said, you probably will need to get your own attorney to work with the attorney hired by the insurer to press forward with the counterclaim. A good PI lawyer will take the case on a contingent fee (percentage) usually 1/3 of the recovery on the counterclaim. Do NOT let this get by you. Act quickly to protect yourself. If you want to call me I will help you find an attorney to handle this for you if the case is in Georgia.

Re: Being Sued should i sue also?

Sir,

If you are hit from behind, it is always the fault of the other driver. Please send me the accident report at the below email and I will give you a call to discuss.

Re: Being Sued should i sue also?

Stay in contact with your insurer to make sure they defend on your behalf and, as stated, you might want to retain a qualified lawyer to pursue any damages you might have. It is NOT true that if you are hit from behind it is ALWAYS going to be the other person's fault. As you say, you apparently do not know all the details, which might be important. A qualified lawyer will be able to review the facts to see if you have a valid claim for damages.

Re: Being Sued should i sue also?

yes, i can help you. please review our website at "ihlaw.com". you can email me at ahorwitz@ihlaw.com with your phone # and a good time to call you and i would be happy to discuss the case with you

Re: Being Sued should i sue also?

Being hit from behind usually indicates that the other party is at fault. Contact me to discuss the exact vehicular traffic, posting upon the boulevard, control of vehicle and a host of other matters. Your obtaining a police report for my review will be of assistance. If no report was taken then indicate whether an officer was called to the scene and his/her identifying information.

If you have not contacted your insurance company you should do so immediately as coverage may lapse due to late claim notice requirements. It may be to your better interest to contact an attorney before you speak with any insurance company.

Counter-claims can be brought. A liability assessment should occur prior to bringing this claim.

Do not agree to any stipulation, factual assertion, or negotiation to pay damages. Legal representation should be sought immediately. A responsive pleading is required by law and I am available to assist you, my contact information is on Lawguru.

You should consider contacting the AFLA to determine if you qualify for assistance. Here is a link:

http://legalassistance.law.af.mil/content/afla.php?view=faqs

Do not delay in taking action to obtain legal representation as a serious adverse result may occur.

Re: Being Sued should i sue also?

Your insurance company should defend you, but if the claim exceeds the policy limits, you may want to have your own lawyer at least monitor the case. And if he rear-ended your wife, she should certainly consider suing him (particularly now that he asserted a claim first). We handle these matters in MD, so feel free to contact me.