If the other driver is suing you for more than the car insurance company wants to pay, your attorney can negotiate with them to get them to cover all of the damages. Often lawsuits over auto accidents can be settled out of court with an experienced attorney working with your car insurance company.
When you are sued over an auto accident, you should carefully consider hiring a lawyer to represent you in court. Attorneys that deal with auto accidents on a routine basis are much more familiar with the law and rights to compensation than you will be able to educate yourself on your own.
If you have been in an auto accident, were at fault or negligent in causing the accident, and are being sued, it is in your best interest to hire a lawyer to defend you. Working with the attorney ...
If you do not have a good defense, you could wind up paying much more in a lawsuit than if you hire an attorney to represent you.
Talking to Your Insurance Company. Your first call when you are in an auto accident should be to your car insurance company. You will need to file a claim, especially if you are the at-fault or negligent party in the accident. Your car insurance is there to pay for damages and medical expenses of other drivers when you are at fault.
If you don’t want to be pushed into a one-sided agreement, it will likely have to go to court if you don’t have a lawyer. Once in court, you will not be knowledgeable in the proceedings and the rules of the courtroom.
If you choose to represent yourself in court, you will likely wind up paying much more out of pocket. The car insurance companies are not as likely to negotiate with you as they might be with an attorney. They are also less likely to back you up if you were obviously negligent. An attorney often has more pull with the car insurance companies, because if they do not honor the policy to its full extent they know they will be held accountable if an attorney is involved.
When you defend the lawsuit, you get your chance to make the collector prove every part of their case.
If you don’t file an Answer to the Complaint within a short period of time then you risk a default judgment against you. That judgment allows the creditor to seize your bank accounts or assets, garnish your wages, file a lien against your home, and more. In addition, the collector can force you to come to court to testify under oath about your ...
Teaching other attorneys how to practice in the field means I not only understand the complex regulations that govern debt collection, but I am also uniquely able to explain those tough concepts clearly and simply.
conduct discovery in your case ( this is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial);
I’ll also look into whether any of your rights under the state or federal collection laws have been violated. If they have, I may sue for money damages on your behalf. Lawsuits for money damages due to violations of your collection rights are usually handled on a contingency basis, which means we don’t get paid unless we collect money on your behalf.
In addition, the collector can force you to come to court to testify under oath about your assets.
Any attorney who is versed in personal injury litigation can represent you. Consult with a few and hire the one you are most comfortable with and confident in.
If a lawyer is listed as an insurance defense lawyer, they handle your type of case although usually on contract with an insurance company. Warning: it will probably not be cheap to resolve. You might want to see what they... 0 found this answer helpful. found this helpful.
Attorney's answers to questions are for general purposes only and do not establish an attorney-client relationship.
An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you. It signals to the court and the other side that you intend to defend the case.
If you do nothing, the plaintiff can – and probably will! – ask the court for a default judgment.
If you do not file a written response within the required time, the “plaintiff” (the party suing you) can ask the court for a default judgment against you for everything she asked for in her complaint. After the plaintiff gets a default judgment, she can try to garnish your wages, attach your bank account, or take your property.
File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.
However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.
Overview. If you have received a summons and complaint, that probably means you are being sued. Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away.
On the first page of the summons or complaint, there's a "caption" (heading). That caption should indicate which court the case was filed in (district or justice).
If you owe the amount that the creditor is seeking in its lawsuit, hiring a lawyer might be a waste of time and money. If you don't have a defense or counterclaim and the creditor can easily prove its case, then you'll lose. You'll then owe the judgment amount, have to pay your own attorney, and might have pay the creditor's attorneys' fees too. (In some types of cases, the losing party has to pay the other side's attorneys' fees).
When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.
If you win on your counterclaim, you might get a money judgment against the creditor. Your filing of the counterclaim might also induce the creditor to withdraw its lawsuit against you.
A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.
Being judgment proof really means that you are collection proof. That is, if the creditor gets a judgment against you, can it collect it through wage garnishment, taking your bank account funds, or the like? If not, you are judgment proof. (Learn more about what being judgment proof means .)
Even if you don't end up hiring a lawyer, an experienced debt settlement attorney can help you evaluate the creditor's case and your personal circumstances to determine the best course for you.
Even if you have a good defense to the lawsuit, you'll want to consider the amount of the debt before hiring an attorney. Attorneys' fees can add up quickly. If you hire a lawyer to defend a lawsuit over a small debt, you might end up owing more in attorneys' fees than you would if you chose not to defend the suit.
8. The emotional hook. Lawyers love clients who sue over "principle," because their cases usually go on longer than those brought solely for economic reasons. If you're a defendant, resist the urge to countersue unless you have a solid case. See a therapist instead—they're cheaper than lawyers, and you'll feel a whole lot better.
The Incredible Unpleasantness of Being a Litigant. There's nothing worse than that sinking feeling you get when you are handed a legal document that announces you're being sued. Say hello to lawyers, courtrooms, big bills, sour stomachs, and sleepless nights. Here are things you may not know about being on the receiving end of a lawsuit.
1. You're it. You don't have to "accept" the papers that begin the lawsuit. You just have to be "given" the papers … which can mean that the server announced what the papers were and then presented them to you … even if you throw them on the ground. (p.s. That may earn you a citation for littering!)
If you are being sued on a debt that you can’t repay, you should consult a bankruptcy attorney.
It kind of depends what you’ve been sued for; however, the best bet is to call your insurance company (assuming you have one). If it’s related to a motor vehicle accident then call your auto insurer, if it is related to personal liability then call your homeowner’s/tenant’s/personal liability insurer (of note, property insurance policies normally cover your personal liability anywhere in the world, not just related to the insured property). If there are any allegations in the Complaint/Statement of Claim that have even a possibility of being covered by your insurance policy then your insurer w
In most jurisdictions, if you're sued and you can't afford a lawyer, you'll be appointed a public defender by the Court.
You hire a Lawyer because he is a professional in the field of Law. He knows the law, knows the procedure, knows how to draft, knows the Courts, understands the Judges, and can speak well enough to present your case in the correct perspective.
Legal representation is a right reserved for the criminally charged, at least in the US. There is no right to an attorney in civil litigation matters, only in criminal cases and only to the extent where it can be shown you are indigent or have an overriding reason you cannot provide your own legal defense.
For other lawsuits, if your insurance company is supposed to be covering whatever it is (personal injury, etc.), you need to contact them immediately, since it’s their job to hire the lawyer and fight the suit (or they get to pay).
Lawyers are volunteerily enrolled in the said cell and they contest your case without charging you.