what kind of lawyer do i need if someone is suing me

by Mrs. Estella Orn MD 8 min read

Full Answer

What kind of lawyer do I need to file a lawsuit?

You need a personal injury attorney. If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge.

Where can I find a lawyer if I am sued?

If you are sued, you can find yourself a lawyer who’s able to defend your interests. The Enjuris lawyer directorycan be a good source for finding a lawyer near you.

What kind of lawyer do I need to sue for medical malpractice?

Fortunately, there are lawyers who specialize in exactly this area of law. I’d suggest contacting a medical malpractice lawyer in your state who can help. Most personal injury lawyers will offer an initial consultation at no cost, and the lawyer will advise you of your best approach.

Do I need a lawyer to sue the government after an accident?

If you want to sue a government entity after an accident, you'll probably need a personal injury lawyer. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided.

How do I prepare for suing?

If you do decide to pursue legal action, here are some general tips on how to prepare to sue someone:Determine Whether Your Case Is Viable. The first thing to consider is if you have a viable case. ... Determine Where to File Your Lawsuit. ... Make Sure the Statute of Limitations Hasn't Run Out. ... Consider the Evidence.

What is it called when you sue someone for suing you?

Every county in California has a small claims court. The person suing you (called "the plaintiff") has to sue you in the right court. You can ask for your case to be dismissed (or transferred to the proper court location in your county) if you are sued in the wrong court.

How do I deal with being sued?

If you're up against your first lawsuit, here are a few tips that will hopefully make life easier:Get a Competent Lawyer Now. ... Go Crazy (But Not Too Crazy) ... Turn to Your Support System. ... Learn How Lawsuits Work. ... Remain Calm. ... Be Extra Frugal. ... Don't Forget to Rebuild.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

What does it mean when a lawyer is listed as an insurance defense lawyer?

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.

Who can represent you in personal injury litigation?

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.

Do attorney answers establish a client relationship?

Attorney's answers to questions are for general purposes only and do not establish an attorney-client relationship.

What to do when a creditor sues you for debt?

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.

What happens if you don't have a defense in a lawsuit?

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).

What happens if you win a counterclaim?

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.

What is a defense in a lawsuit?

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.

What does it mean to be judgment proof?

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 .)

What can a debt settlement attorney do?

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.

Can a lawsuit grow if a creditor gets a judgment against you?

But keep in mind that a lawsuit for a relatively small amount can grow if the creditor gets a judgment against you. The creditor will ask the court to include not only the debt balance, but the amount of the creditor's attorneys' fees, court costs, and interest.

What to do if you don't have insurance on your car?

If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.

What to do if you have a car accident?

The first thing to do is notify your auto insurance agent. Your insurance company should provide a defense for you by hiring a lawyer who specializes in insurance defense matters.

What to do if you don't have auto insurance?

If you had auto insurance, then turn the paperwork, letter or lawsuit, over to your auto insurance company. If you do not know the address, then go to the office of the agent from whom you bought the insurance. If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.

What to do if you have no insurance?

If you have no auto insurance, you should hire an insurance defense attorney. Report Abuse. Report Abuse.

What to do if you have not been served with suit papers?

If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.

What happens if you don't have insurance?

If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.

What to do if you are uninsured?

Give the lawsuit to your car insurance company. If you're uninsured then seek a local personal injury attorney or more specifically an auto accident attorney.

What do PIABA lawyers sue?

I've been watching them over decades, and they’re pretty good. PIABA lawyers also sue mutual funds, hedge funds, and investment advisers. These may end up in court or arbitration, depending on the contracts you signed.

What to do if your lawyer doesn't warn you?

If your lawyer candidate doesn’t warn you on how suing can backfire, run. If they claim they are the best around, they aren't. If their goal is extorting a pre-trial settlement go elsewhere and find a lawyer who is willing, if needed, to go all the way to a final judgment. Good ones will. Finally, never lie.

What is the first chair of trial law?

You want what is called a good “first chair” trial lawyer. In TV court dramas where three lawyers sit together, the first chair is the one speaking to the judge. The others, support and prep litigators, whisper in the first chair’s ear.

How to find a good trial lawyer?

How to find one? First, search online for, “How to find a good trial lawyer.” There's super good information online – particularly at Badger Lawyer and Columbia Law School . Or you can contact the state bar in the major metropolis nearest you (easily found online). Ask for 10 names of attorneys who handle plaintiffs (aka … you). Always meet them. Ask each how they started, their first chair dispute history and examples of their experience.

What is the biggest mistake people make in trial law?

You never have, or maybe twice. So, you'll likely lose – making beginners’ mistakes your opponent doesn’t. For that reason, businesses often win against individuals – having built trial law muscle over decades. And the biggest mistake individuals make is picking wrong lawyers. My best advice? Learn to pick a good trial lawyer. Trial law is a unique art form.

Does prior subject expertise hurt?

Still, prior subject expertise doesn’t hurt. If suing your broker, it’s handled via arbitration under the brokers’ self-regulatory organization, the misleadingly yet authoritatively sounding Financial Industry Regulatory Authority (also called FINRA). Your odds in FINRA arbitrations are good. They pay off often. Study FINRA’s website.

Do trial lawyers need subject matter experts?

Good trial lawyers needn’t be subject matter experts to win. They learn what they need so they can do what is necessary. But they’re super experts in the art of trial combat.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

How to file an injury claim against the government?

Your best first step, if you think a government agency might be responsible for your accident injuries, is to contact the clerk's office for that agency and ask about the process and requirements for filing an injury claim. You can also start by doing an online search using a phrase like "claim against [name of state/city/county] government."

How long do you have to file a claim after an accident?

Cities, counties, and other governments are free to set the rules under which they can be held liable for causing injuries or property damage. As a result of that freedom, most municipalities have put strict procedures in place for a claimant to follow before he or she can get compensation for an injury. You usually need to file a claim within a short amount of time after your accident or injury—30 to 180 days in most cases.

Can you sue a government employee for an accident?

From a procedural standpoint, the kind of case you're talking about is not a " lawsuit "—at least, it won't start out as one. You cannot usually just file a lawsuit against a government agency or government employee after an accident, the way you would a private citizen or business.

How to sue someone in California?

California Courtslists these as the steps for how to sue someone. Keep in mind the actual courts and processes may vary by state, but generally you will need to do these things if you’re pursuing a case by yourself: 1 Figure Out How to Name the Defendant 2 Ask for Payment 3 Find the Right Court to File Your Claim 4 Fill Out Your Court Forms 5 File Your Claim 6 Serve Your Claim 7 Go to Court

Why did PayPal shut down?

If I’m understanding your question correctly, it’s that you didn’t lose the money, but your PayPal account was shut down because it was associated with a fraudulent transaction. If that’s the case, you can call PayPal and find out what you can do to reconcile your account and resolve the situation.

What happens when someone steals someone else's property?

When someone steals someone else’s property, the victim can notify the police ( in which case the person may be charged with criminal theft). The victim can also file a civil suit (in which case the person can recover the fair market value of the stolen property). Reply. Linda Mcgrathsays.

What happens if someone disobeys a court order?

When someone disobeys a court order, you can file a contempt action in an effort to get them to comply. If the court finds that the person did in fact disobey the order, the court may fine the person (or even put them in jail). In addition, the court will take steps to force the person to comply with the order.

What happens if you get elements wrong?

If you get the elements wrong, the court might take pity on you as someone appearing pro se(without a lawyer) and let you refile, but some judges will toss your case out. At the very least, ask an attorney what type of case you have to make sure you are correct the first time.

Why do personal injury attorneys charge by the hour?

Personal injury attorneys usually work on contingencysimply because it would not be financially possible for a plaintiff to bankroll a lawsuit; criminal attorneys like to charge by the hour. Far too much is required in fees on an up-front basis. For types of cases other than personal injury, ask for the attorney’s estimated fees and weigh whether it would be smarter to settle or pursue a claim pro se.

How much money do you need to file a small claims lawsuit in Texas?

In Texas, a small claims court actionis one that demands $10,000 or less in damages. If the damages are more than that amount, you’d need to file a personal injury lawsuit to recover costs.

Why do I want to sue a company?

There are many reasons why you might want to sue a company. If you were injured by a product they made, you need an lawyer who handles product liability claims. If you were hurt at work, you need a workers’ compensation attorney. If they violated your rights as an employee, you need to contact an attorney who handles employment discrimination. If you were hurt in their property, you need an attorney who handles personal injury/premesis liability. If you contact me or post a follow up to your question, I would be happy to help you narrow down the kind of lawyer you need.

What is the biggest con of being a pro per?

The biggest “con” is that you will likely lose the case as a pro per , even if your case is meritorious- if the other side gets a lawyer. You won't know the substantive law, really. You'd be amazed at the number of pro pers who cite the Constitution. You won't understand the elements of claims, likely don't understand the evidence code, and don't know the potential defenses.

What are you alleging this company did to you?

What are you alleging this company did to you? Did you suffer damages for which you have tangible proof? Or did someone at the company merely hurt your feelings? Or were your feelings hurt because this company terminated your employment? Look for a attorney who handles civil cases. Be prepared for him or her to decline to work with you if they determine your allegation is either frivolous or not provable.

How much percentage of a judgment do you get paid?

In the latter case, you can obtain legal services in exchange for a percentage of the final judgment (usually in the 33-40% range), paid to the lawyer only if they win. There are, however, in many jurisdictions fees and costs that the

Can you sue the government if you haven't been declared a vexatious litigant?

In the US, if you haven't been declared a vexatious litigant, you may sue anyone (except the government) you please. The government can only be sued where it has waived immunity by statute.

Do you need a lawyer to win a small claims case?

If it's a small claims court case- file away. But if it's a case worth taking to court, then the assumption should be it's a case worth winning. And if it's a case worth winning….then you need a lawyer to win it.

Can a parent and child be resolved without going to court?

Trust me…there is always a way to resolve a problem between parent and child without going to court. It is hard to think of an issue that cannot be resolved between mother and child because mothers will usually trade their own well being for that of their children.