Can I sue the woman who's suing us and causing us emotional distress?
A client fired my husband off a large residential construction project due to the project taking "too long". A month afterwards, she filed a claim for $97,000.
My husband and I hired an attorney and attempted to settle with her but we failed to even address a settlement amount, and our timid attorney has allowed them the time for their engineers to provide a full report in preparation for another settlement meeting. It has been two months since then, we have heard nothing.
The whole thing has been going on for 6 months. In that time, and prior, my husband has been deteriorating mentally and emotionally. This woman began harassing him from the start of the project a year earlier, causing my husband much stress. Hence, our marriage and family of 6 has been suffering as well.
We could not enjoy the holidays and are going into the new year with this still tying us down. We did not make our profit off her project as she ceased paying us and we covered her over $100,000 due to sub contractors and suppliers. There is no workmanship issue so insurance will not help us.
Due to unknowingly breaching the consumer fraud act, we are liable for whatever claims she wants. I had insisted we just pay the initial $97k but our attorney pushed us to negotiate and they are now building a case for more money.
The stress this has put on me has resulted in breast issues that I now need to see a specialist for, my hair falling out, panic attacks, depression and other health related issues that my doctors say is due to the stress. I am simply the administrative part of the business and am not an officer in the business.
I am wondering what, if any claim I would have to sue over the mental anguish and toll this has taken on me, my spouse, my marriage, and my 4 children? Also, is there anything I can do against her for taking our only means of income away? Thank you.
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ANSWER for "Can I sue the woman who's suing us and causing us emotional distress?":
Lucia (Boonton, NJ):
It is our policy here at InjuryClaimCoach.com not to interfere with the attorney-client relationship. To do so would be inappropriate. Your best interests will be served by listening to the advice and counsel of your attorney.
Generally speaking, the events you describe appear to be based on a contractual dispute. Moreover, from the limited facts you present it appears your actions may have caused the issues you are now dealing with.
When debts overwhelm businesses and private individuals, and assets are insufficient to cover those debts, and there isn't a realistic likelihood assets will soon exist to meet those debts, bankruptcy is often considered.
While it is always best to follow the advice and counsel of your attorney, if you aren't satisfied with your attorney's advice so far, you have the right to seek out another attorney to represent you.
Here's some information on how to choose the best injury attorney for your case. Before doing so, sit down with your present attorney and express your reservations about the present course of events. If, after meeting with your attorney you are not satisfied, then you may want to go ahead and seek other counsel.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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