Some thoughts needed about my father's car accident...

[confutatis]

What is the name of your state? OHIO

Hello to everyone,

My father (who will be 79 next March) was involved in a car accident two years ago this month. It was his fault and the other driver was inured. My father's insurance did what they were supposed to do and we all thought that was the end of it.

Last week, my brother (who lives with my dad and takes care of him) informed me that he received certified mail from the lawyer of both victim and the vivtim's wife, who are now suddenly sueing my father for $300K. The victim is asking $250K for pain/suffering, loss of work, etc., and the wife $50K for "loss of companionship"--whatever that means. The victim has asked for a jury trial.

Here is my father's current life situation: He is suffering from demetia and could not be called to defend himself because he is not of "sound mind" to be able to understand and properly answer any question from a lawyer. He lives on a limited income from Social Security and a Pension, and has no assets in his name (the house is in my brother's name).

So my questions are, can this victim receive any kind of monetary judgement when my father has no "earned" income or assets? Can there even be a lawsuit if my father is unable to speak for himself in court? Any other thoughts would be appreciated.

Thanks,

David

 

[confutatis]

Additional concern...

Besides a pension and social security, my father does have some money in a bank account. Could this money be taken from him?

Thanks again.

David

 

[JETX]

"can this victim receive any kind of monetary judgement when my father has no "earned" income or assets?"
*** Yes. Any court judgment is based solely on the facts presented and not on the defendants ability to pay.

"Can there even be a lawsuit if my father is unable to speak for himself in court?"
*** Yes. It would be possible for the evidence to 'speak for itself' and provide sufficient prove of his liability.

"my father does have some money in a bank account. Could this money be taken from him?"
*** If a judgment is rendered against him, any non-exempt assets (including bank accounts) could be seized by the judgment creditor.

Suggestion: Contact his insurance company (at the time of the accident). They are obligated to provide his defense to the claims being made. Further, it is a good chance that the insurance company got a release of liability from the 'victims' when they were compensated by the insurance company.