what kind of lawyer do you need if being sued

Full Answer

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

If you're considering filing a lawsuit, you may want to consult with a litigation lawyer. As legal professionals, litigation lawyers know which cases have a good chance of being successful. They're familiar with all of the procedures, steps, and necessary paperwork that needs to be done.

Do you need an attorney to file a lawsuit?

Having an attorney is not required for filing a lawsuit, however, it is highly recommended that you hire one. Filing a lawsuit can be complex for those not familiar with the laws of their state. An attorney may also have experience with lawsuits and can guide you through the steps toward a winning outcome.

How much will an attorney cost in your lawsuit?

This is the most expensive part of any lawsuit. Attorneys aren’t cheap. They can charge multiple thousands of dollars per hour, so even if your case is simple, you can end up spending a small fortune on a lawyer. One classic case of the same is while hiring a brain injury attorney, the charges start from 1200$/hour.

Can you get lawsuit funding without an attorney?

The good news is that with a lawsuit loan, you can get access to a portion of the funds from their settlement today. If you are considering applying, you should know that, with very few exceptions, you cannot obtain a lawsuit loan without an attorney. Further, you also cannot get a lawsuit loan directly through your lawyer.

Is suing someone worth it?

Is Going to Court Worth It? Again, it just depends on the specifics of your case. If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn't as clear and you don't have a large budget, you may want to think twice before going to court.

What is the least amount you can sue someone for?

As far as the minimum amount you can actually sue someone for, there is no limit. Legally, you can sue someone for any amount in court. The only criteria which has to be met, is that there is a valid cause of action. This refers to issues such as an unpaid debt.

Can you be sued for any reason?

it is possible that you could sue someone because of their actions, which is a rather broad spectrum. On the other hand, the court has a clear definition of what “injuries” are. These injuries can be physical, mental, emotional, or financial. They may also be property-related in some cases.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

Do I need a lawyer for small claims court?

You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.

What happens when someone sues you?

If you sue a person, this means that you are taking them to court because you believe they have committed a wrong against you and therefore they have broken a civil law.

Can you settle out of court after being served?

Summary: Yes, you can settle after service. The best way to settle a debt lawsuit is first to file a response, then contact the otherside and make an offer.

How do I protect my personal assets from a lawsuit?

Protecting Your Portfolio from LawsuitsKeep a Retirement Lifeline. Putting money into retirement accounts is one way to guard your wealth. ... Use Asset Protection Trusts. ... Transfer Ownership of Real Estate. ... Use an Insurance Umbrella. ... Incorporate and Isolate.

What to do if you don't have an attorney?

If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.

What to do if your insurance company does not provide legal counsel?

If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.

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 to do if you have auto insurance?

If you have auto insurance put them on notice and they will hire an attorney to defend you. If not you need a lawyer that practices in the area of civil defense.

Im being sued. What kind of lawyer do I need

I was intoxicated and hit a lady from behind. She is now suing me for medical bills, lost wages and punitive damage. What kind of lawyer do I seek?

Answers

It would be advisable to speak with an attorney who handles DUI cases. You can find a DUI attorney online or in the Yellow Pages or you can get a referral from your County Bar Association to a DUI attorney in your vicinity.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

What Services Can Lawyers Help Me With?

A lawyer is a professional who is licensed to practice law by the governing Bar Association in the state where they practice. Lawyers are also known as attorneys when they represent clients in court.

What Types of Lawyers are There?

There are numerous types of laws in effect in the United States, with new laws being put into action constantly in our common law system. There are just as many types of lawyers who can help you navigate their specialty.

How Carey Leisure & Neal Can Help

No matter what kind of situation you find yourself in, the team at Carey Leisure & Neal is happy to help guide you in the right direction. We have worked hard to find the top local attorneys in each area of practice and would be happy to provide you with a referral.

What to do if you have not been sued?

As soon as you become aware of a potential lawsuit, even if you have not yet been sued, it is a good idea to seek legal advice. If you cannot afford an attorney of your own, contact a local advocacy group or legal clinic to see if you qualify for free or low-cost services.

What happens if you are sued?

Keep in mind that if you are successfully sued and the court issues a judgment against you, you may be forced to pay a significant amount of money and may risk damage to your credit rating. For this reason, you may wish to attempt to settle the lawsuit before actually going to court.

Can you get legal advice by phone?

Some organizations offer free legal advice via telephone. While it is certainly a very unsettling experience to be served with a lawsuit, pretending that you are not being sued is unlikely to resolve your problems in your favor.

Can you respond to a summons if you have been sued?

The process for responding to a summons that informs you that you have been sued varies by jurisdiction. It is generally true, however, that not responding to a lawsuit can result in a judge finding in favor of the person who is suing you simply because you have not appeared in court.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

What to do if you have been injured in a car accident?

If you’ve been injured in a car accident, find yourself a personal injury attorney. These lawyers are experienced in dealing with insurance companies and helping you obtain the maximum recovery in light of the liability and damages issues involved. Personal injury lawyers don’t just handle car-accident cases. Typically, this is the type of lawyer you need if you’ve suffered a physical injury as the result of someone else’s negligence. Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What is considered criminal defense?

Criminal Defense Lawyer. Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.

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 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 happens if you don't have a defense?

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).

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.

Can you hire an attorney to defend a lawsuit?

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.

Can you get a judgment against a creditor if you win a counterclaim?

It's not a defense to the underlying debt, but a separate claim. 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.

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!)