lawyer who can defend me im being sued

Who defends a lawsuit?

Plaintiff's attorney is the lawyer who represents the plaintiff, the suing party, in a lawsuit. In attorney parlance, it refers to an attorney who regularly represents the person suing for damages.

How do you stop someone from suing you?

Ten common sense ways to avoid being suedMaintain good communications. ... Avoid giving false expectations. ... Make the client make the hard decisions. ... Document your advice and the client's decisions. ... Don't initiate hostilities against the client. ... Avoid, or handle with care, the borderline personality client.More items...

What happens if someone sues you and you have no money?

You can sue someone even if they have no money. The lawsuit does not rely on whether you can pay but on whether you owe a certain debt amount to that plaintiff. Even with no money, the court can decide that the creditor has won the lawsuit, and the opposite party still owes that sum of money.Dec 9, 2021

How do I deal with being sued?

Step 1: Review the case with an attorney.Step 2: Inform your insurance provider of the complaint.Step 3: Decide how to proceed and respond to the complaint.Step 4: Find a defense attorney (if you don't have one)During and after the case.Most common types of business lawsuits.Business lawsuit FAQs.More items...

Why do you need an attorney for an auto accident?

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 ...

What to do if someone is suing you for more than you pay?

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.

What to do when you are sued for an auto accident?

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.

What happens if you don't have a good defense?

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.

What to do when you are in an accident?

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.

What is car insurance?

Your car insurance is there to pay for damages and medical expenses of other drivers when you are at fault. This is the sum total of what liability car insurance is for, and why it is mandated by most states. If you are sued over the auto accident, the first thing you should do is contact your car insurance company to let them know about ...

Why do car insurance companies have more pull?

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. Representing yourself has other disadvantages as well. You will be unlikely to settle out of court if you do not have an attorney. ...

Why do insurers send reservation of rights letters?

In some cases your insurer may send you a reservation of rights letter. This is because your insurer is required to defend you on any claim that could be covered. If the lawsuit against you involves some claims that might be covered and others that are not covered, the insurer will have to offer you a defense.

What is the obligation of a liability insurance company?

When you buy liability insurance, part of the insurance company’s obligation is to provide a defense for you if you are sued. The insurance company will do this by hiring and paying for an experienced attorney to represent you in court.

Does an insurance company pay for a lawyer?

If the verdict in the case indicates that you were liable on a claim that is not covered, the insurance company will not pay the claim, even though they paid for the lawyer. The appointed lawyer is not required to represent you in any counterclaims that you might have against other parties.

Where did John C. Smith get his J.D.?

He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer... It’s all about you. We want to help you make the right legal decisions.

What does "insufficient service of process" mean?

Insufficiency of service of process. That means plaintiff did not properly serve the summons and complaint on you. Failure to state a claim. In other words, you are arguing that plaintiff failed to state a legal claim in the complaint, and there is no relief legally available to plaintiff based on her allegations.

What is a motion for a more definite statement?

Like a motion to dismiss, a motion for a more definite statement postpones your time to file an answer. You might file this type of motion if plaintiff’s complaint is so vague and ambiguous that you are unable to respond to it. Sue the plaintiff. You have the option of suing the plaintiff on your own claims.

What is a counterclaim?

Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.

What is the most common way to respond to a lawsuit?

File an answer. Filing an answer is probably the most common way of responding to a lawsuit. 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.

Why do you file a motion to dismiss?

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.

How long do you have to respond to a lawsuit?

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.

What to do if you do nothing in a lawsuit?

If you do nothing, the plaintiff can – and probably will! – ask the court for a default judgment. You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court.

Why do lawyers love their clients?

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. 9.

What is the unpleasantness of being a litigant?

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.

Do you have to accept papers in 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!)

3 attorney answers

Interesting choice of words in your question - You ask about an attorney defending themselves if being sued, but then use "prosecutor". If you're asking if an attorney can represent himself in a criminal matter, the answer is still yes, as it is for any person. Is it a good idea for an attorney to...

Joseph Briscoe Dane

Interesting choice of words in your question - You ask about an attorney defending themselves if being sued, but then use "prosecutor". If you're asking if an attorney can represent himself in a criminal matter, the answer is still yes, as it is for any person. Is it a good idea for an attorney to...

What is the final option to settle a case?

Final option — hire a lawyer to settle the case for you. With this option, you spend money on an attorney to help you settle. Usually when we do this, our fee to settle is contingent on us actually settling the case so you only spend money if we can settle it. But still you have to spend money.

How to file bankruptcy?

File bankruptcy (very rarely the best choice) Fight the lawsuit on your own (don’t hire a lawyer) Settle the lawsuit on your own (either in a lump sum payment or in monthly payments) Hire a lawyer to fight the lawsuit for you. Hire a lawyer to settle the lawsuit for you.

How long does it take to get a small claims lawsuit?

If sued in small claims or district court — it is 14 days. If sued in circuit court, it is 30 days. Our purpose here is to help you gain knowledge AND take action. Without action, knowledge is worthless.

Can you settle a lawsuit on a monthly basis?

Instead of fighting it, you can settle the lawsuit. Either in a lump sum (one time payment) or paying on a monthly basis. The advantage is there is no attorney fee and when you are done paying, the case should be over. Again this is not a perfect solution but for many folks this can be an excellent choice.

Is it hopeless to win a case?

It is NOT hopeless — instead there is hope to win your case or to work out a reasonable settlement. You are NOT helpless — instead you have the ability to help yourself or hire a lawyer to help you to get a good solution. While there are no guarantees — what is guaranteed is if you do nothing, you will lose.

Lawrence Joseph Marraffino

I practice in Gainesville and I see lawsuits filed by CACH which is a collection agency that buys old debts all the time. Very often the debts they buy are so old that they do not have the paperwork to prove their claims and my clients have had their cases dismissed. You do not have the luxury of time if you have been sued.

Gary D. Bollinger

In Eastern District of MO, where I practice, lawyer solicitation letters, based on actual filings, are common and ethically allowed. More

Seyed Abbas Kazerounian

It very well may be a solicitation letter but a lit f the time they are right about you having been sued. You should double check as debt buyers are known to use servers that do not always sere the defendants (known s sewer service)

Manuel Alzamora Juarez

if you confirm that CACH has filed a lawsuit against you, you better get legal representation ASAP. Best of luck.

Dorothy G Bunce

My guess is that the lawyer is buying information about lawsuits that have been filed hoping to earn your business to defend this suit. Never assume - check the court records! Many courts post their records online so you may not have to wait or go to the courthouse in person to find out.

What is the liability of a dog?

First, here's the statute on your possible liability: Civil Code section 3342: (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. Technically you are liable, but what damages has this guy suffered? I think once you see what his medical report and bills are, then you address the matter factually with the information you have below that his skin was not punctured. Sounds to me at worst you pay for his lone visit to the doctor.

What to do if you don't have insurance?

If you do not have any insurance, you need to get an attorney to defend any suit that is brought against you. It sounds like there is not much of a case against you.

What to do if you can't find an insurance defense attorney?

If you cannot find an insurance defense attorney, then a plaintiff's personal injury attorney will do. Find an attorney who is willing to take your case in the event you are sued. If you cannot find an attorney, don't be too concerned yet. Until you are sued, you do not have to do anything.

What to do if you end up getting sued by a plaintiff's attorney?

If you end up getting sued, hire your own lawyer. Report Abuse. Report Abuse.

Is Massachusetts a strict liability state for dog bites?

Massachusetts imposes strict liability for dog bites, which means you are on the hook regardless of why your dog bit. Where you can stop him is in the damages. It sounds as though you have a fairly solid defense against claims of damages. You should retain a defense attorney to handle this for you, especially where you are uninsured. You may still have to pay something , but it will probably be far less than if there were a real injury.

Can you turn over a claim to an attorney if you don't have insurance?

Now, since you do not have insurance, there is no one to turn the claim over to. So you will be negotiating with the attorney directly. Lucky for you, it doesn't sound like the guy is hurt too badly so the claim is worth very little if anything. Wait to see what sort of demand they make. If warranted, get an attorney.

Do you have to hire an attorney if you don't have insurance?

From the description of the "injuries," it doesn't seem you have much to worry about. If you do not have insurance, however, you may have to hire your own attorney, which may give you pause because of the expense. Don't be so worried about hiring an attorney that you get someone else to work for you. Report Abuse.