Legal Question in Personal Injury in California

Child hit by Truck - Cross Complaint~ Parents Sued of Injured Child!

My 6 year old son was forced in our neighbor street by neighbor child. My son was hit by driver with suspended license and non registered vehicle. Obtained Personal injury lawyer for case to sue owner of vehicle & driver. Defense Council files cross complaint against parents for negligence and son's personal injury attorney didn't answer complaint. Complaint was granted and now parents have no legal representation. Should parents find another personal injury attorney to represent child and both parents? How can parents defend themselves on such a short notice? Trial is already set for next month (September) and depositions are this week for witnesses, driver, & owner of vehicle.


Asked on 8/18/08, 2:10 am

1 Answer from Attorneys

Stephen Petix Quinton & Petix

Re: Child hit by Truck - Cross Complaint~ Parents Sued of Injured Child!

The parents should certainly seek a new attorney to represent them. Hopefully they have insurance of some kind--either homeowner's insurance, or they may even be covered by their own auto insurance policy. If so, the insurance company would have a duty to provide a lawyer to defend them against any claim against them.

But they better notify their insurance company (ies)

quickly, because some have short notice provisions in the policy.

It does not sound right that their first attorney failed to answer the cross-complaint. They should discuss that with their new attorney. If they suffer an adverse judgment because of this failure, there may be some redress against the first atty.

Read more
Answered on 8/19/08, 6:26 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California