Someday, for some reason, you may get sued. Everyone fears this and most people don’t know what to do. Here are some tips on what to do if it happens to you:
1. Don’t Freak Out. Sure, easy to say! The bad news is, the first step in being sued (that you will know about) is when a process server is knocking on your door, ready to hand you a copy of a Complaint. This may trigger the freak out emotion. But let’s face it, that isn’t a helpful reaction. Instead, just accept the paperwork and be pleasant about it. The fact that you are being sued isn’t the process server’s fault. In addition, the fact that you receive the paperwork (even if you are polite about it and agree to receive the paperwork), doesn’t mean you are admitting fault. It just means that you got served.
2. Take This Seriously! EVERY lawsuit is a serious matter. Now that you have been served, there are deadlines you must comply with and things that you must do. Sticking your head in the sand is a BAD idea and will only cause problems in the long run. You cannot ignore this. Read the paperwork, pay attention to dates and deadlines, and note which court the case is filed in.
3. Contact Your Insurance Agent Immediately. If the lawsuit is related to an automobile collision, an injury on your property, or some other similar incident, you may have insurance that will cover the cost of your defense and the cost of any judgment against you. However, you won’t know this until you contact your insurance company. If your insurance applies, your insurance company is almost always required to provide an attorney at no charge to you. However, this attorney cannot start representing you until you notify your insurance company. The easiest and quickest way to do this is to contact your insurance agent. Your agent will know what to do and who to contact.
4. Act Promptly. Once you are served, certain time limits will start to run. If you don’t do what is required of you within the time allotted, bad things will very likely happen. For example, a monetary judgment may be entered against you and your wages may be garnished, or worse. It is very important that you act quickly in response to any lawsuit. If insurance coverage does not apply, you will need to hire a lawyer on your own. Do that immediately! Don’t wait until a day or two before the deadline runs out to contact a lawyer. You may have difficulty finding someone to take your case and the lawyer may not have enough time to act if you don’t contact them quickly.
5. Cooperate With Your Insurance Company and Your Lawyer. It is very important that you cooperate with your lawyer and insurance company (if applicable). They have a duty to represent you, but YOU have a duty to cooperate. If you don’t cooperate, your insurance company may be permitted to stop representing you, but the lawsuit may still continue. This is obviously very bad, so it is in your best interest to cooperate.
6. Always Tell The Truth. Sometimes, people are ashamed of their behavior or fear that telling the truth will cause them to be in worse trouble. However, telling a lie is always worse than the truth. There are many circumstances in the legal system where the truth isn’t harmful, but telling a lie about it increases the penalty significantly. To be on the safe side, always, always tell the truth. Don’t assume that your lawyer, the judge, or the opposing party doesn’t already know the truth or can’t figure it out.
