Yahoo Finance I’m a Lawyer: Here’s What You Need To Do If You Get Sued
You could be going along with your life or business, doing everything right, and still, bam, it happens: Someone files a lawsuit against you. It wouldn’t be an exactly rare occurrence, given that more than 40 million lawsuits are filed every year in the U.S.
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So, say it does happen. You get sued. What do you do? GOBankingRates talked with three lawyers to build a 12-step plan of action you must follow if you get sued.
Don’t Panic
Yes, a lawsuit is a serious matter, but resist falling into a total panic over it. Now, more than ever, you’ll need to be level-headed and calm.
“Put aside your anger and angst, and get in a mindset to methodically take action to resolve the suit successfully,” said Karin Conti, an attorney and the author of “Killing Time With John Wayne Gacy: Defending America’s Most Evil Serial Killer on Death Row.”
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Find Out Whether the Suit Was Really Filed With the Court
Now that you’ve calmed down, find out whether the suit was really filed with the court.
“The process does not officially start until the suit is filed, but sometimes lawyers send unfiled suits to scare a defendant,” Conti said. “Look for a stamp noting the date it was filed.”
Determine Your Deadline
You need to know your filing deadline, which you can find by reading the full document, including the summons.
“It is usually spelled out clearly,” Conti said. “Knowing this deadline will allow you to move forward confident that you are not in a position where the court could ‘default’ you, which means ruling against you without hearing the facts.”
Consider Reporting the Suit to Your Insurance Carrier(s)
Insurance exists for a reason and could financially shield you, to an extent, should you be struck with a lawsuit.
“It is surprising what homeowners’ insurance policies cover,” Conti said. “If you have umbrella insurance, which everyone should have, that presents another possible avenue of coverage. Finally, if this matter has anything to do with your job, report it to your superior. If there is insurance coverage for the claim, the insurer will likely assign an attorney to handle the litigation and cover any settlement or verdict.”
Find a Lawyer
It’s so tempting to go it alone, especially when you’re trying to save money, but you need a lawyer. Now. And you need one you can trust.
“Do not Google lawyers or call the lawyer whose face is on a billboard,” Conti said. “Get a referral from a lawyer whom you have trusted in the past. If you have not used a lawyer, consult with your accountant, financial advisor or other sophisticated business person. It is crucial that you get a lawyer who concentrates their practice in this particular area of law.”
Give Your Lawyer Some Time
Unfortunately, with litigation, you’re in it for the long haul. Be transparent with your lawyer, and also give them time to prepare on your behalf.
“Typically, during motion practice, the party responding to the motion is given 28 days to respond, then the moving party will be given 14 days to reply, and if a hearing is necessary, it will be scheduled sometime after that, based on the court case load and availability,” said John Wood, founding attorney at Grant Park Legal Advisors.
Organize Your Paperwork/Evidence
In a country where shows like “Law & Order” are among the most popular, surely you know the importance of evidence. Start gathering yours!
“Gather contracts, receipts, emails, photographs, police reports and anything that will help defend you from the allegations in the lawsuit,” Conti said.
Stay Quiet
A lawsuit is a serious matter that can weigh on your mind. You may want to talk about it with friends and family, especially if you feel you’ve been wronged. But it’s best to stay quiet.
“Do not talk to anyone about your suit other than the professionals who will help you,” Conti said. “You do not want to go on record as taking a position that will later be used against you.”
Gather Your Financial Resources
There’s no way around it: litigation is pricey. Get your financial ducks in a row, so you can safely navigate the expense.
“Borrow money if necessary, and explore your credit card limits, as many lawyers will now take credit cards,” Conti said. “You should also consider gathering funds to settle. If you determine that your chances of losing are substantial, you should cut your losses and figure out a way to amicably resolve the matter without spending excessive attorney’s fees.”
Do Not Move Money Around
When gathering your financial resources and coming up with a solvent plan, be mindful not to move money around.
“Do not start moving money around trying to shield it from a judgment,” said Emanuel Galimidi, personal injury and wrongful death attorney at Galimidi Law. “I just handled a case like this, where the defendant homeowner tried to hide assets in a trust. My law firm conducted an investigation and found everything. Bad look, to say the very least.”
Arm Yourself With Legal Knowledge
Go into the courtroom with a strong understanding of not only your suit, but how lawsuits work in general. You can do plenty of research on your own.
“There are many excellent online resources,” Conti said. “You should Google reputable websites to learn about the type of action that was brought and what your exposure might be. Make sure the sites cover your state’s law, as the way these cases are handled may vary greatly from state to state. Your lawyer will give you the best advice, but there is no reason not to be savvy about the process.”
Prepare Yourself Mentally and Emotionally
Lawsuits can take a long time to resolve and eat up a lot of money in the process. Get ahead of the stress.
“Make sure you have your support systems in place, so you can think clearly to help your lawyer reach a good resolution,” Conti said.
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This article originally appeared on GOBankingRates.com: I’m a Lawyer: Here’s What You Need To Do If You Get Sued
