My 7 year old son was involved in a bike accident and now the lady is suing us.I called my insurance and they assigned one of their Lawyers to the case. He just went to discovery and found out that she is suing the wrong child. My son was on the right and another child was on the left. She said it was not the child on the right it was the child on the left that hit her bike. After three years of my son going through mental anquish and crying everytime the subject came up. And my wife and I almost getting a divorce over it they now tell me that its not my son but because my son was named in the lawsuit I am still liable... I want to sue my insurance the woman her lawyer and anyone involved in the wrongful case. Is there anythihg I can do ?
If you can prove that she intentionally filed suit against the wrong child, meaning at the time she filed the suit she knew she was naming the wrong person, you can seek to file suit for malicious prosecution and for intentional infliction of emotional distress and seek damages. If it turns out that the suit was filed simply based on an actual mistake, then you would not have a cause of action other than you and your child being dismissed from the suit. In order to have a cause of action you would have to prove intent on her part to sue the wrong person knowing it was the wrong person.
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She stopped my older son and said to him hey you where there at the accident what did you see? My son said my brother said he didn't do it.
As I said above, if you can prove she intentionally sued the wrong person, not just a case of mistaken identity (it sounds like more than mistaken identity from what you added), then you can sue for the malicious prosecution and the intentional infliction of emotional distress.
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