What are my rights to counter-suit for a case?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights to counter-suit for a case?

I have an ex-girlfriend who sued me for giving her HSV-2. However, I don’t have HSV-2 and the case was dismissed by the judge. Can I counter sue her for lost wages and mental distress? I’m glad that my case was dismissed but don’t feel that I should be responsible to pay a eighteen hundred dollar attorney fee for something I didn’t do. She didn’t even have HSV-2 and tired to sue me. How can the judicial system punish an innocent person defending themselves on a base-less claim?

Asked on July 16, 2012 under Personal Injury, Washington

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

If a “frivolous” lawsuit is filed, Washington state law allows judges to award attorneys fees and costs against the party that filed the frivolous lawsuit.  RCW 4.84.185.  A judge can also award monetary sanctions under Civil Rule 11 or even dismiss the lawsuit under Civil Rule 56. 

However if the case has already been dismissed and you failed to file a counter-claim (cross-complaint), then you may have lost your right to those attorney fees and costs.

If you have lost the rights to those attorney fees and costs, you could still sue her for defamation--but that would cost more attorney fees to handle.

You should consult a local attorney about whether or not you lost the right to fees under 4.84.185,Rule 11 and Rule 56 by failing to file a cross complaint.

Best of luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption