What Should You Do If You Are Sued?
I was recently asked by a business acquaintance what he should do in the event he is sued. I gave him a copy of our firm's pamphlet called The Legal Survival Guide which answers a number of basic legal questions If you would like a copy of this pamphlet send me an e-mail with your name and address and I will drop one into the mail for you.
Here is what I told him about the steps that should be taken in the event he was sued:
1. Don’t ignore the suit! Once you have been served there is a specific time period in which the suit must be answered. In some cases it is as short as 10 days. If a timely answer is not filed, you may lose by default.
2. Don’t call the other lawyer or person who has sued you without consulting your own attorney. Statements you make to the lawyer or other party can be used against you.
3. If the suit is covered by insurance, call your insurance agent or carrier immediately. Most auto accidents are covered under automobile insurance. Other personal injury suits may be covered by your homeowner’s policy. If covered, your insurance company will hire a lawyer for you.
4. If the suit is not covered by insurance, consult with an attorney immediately. In choosing your attorney, you should consult with one experienced in the handling of civil lawsuits. Ask the attorney about his/her experience.
5. Turn over all of the papers served on you to your insurance carrier or attorney.
6. Follow up with your insurance carrier or attorney to make sure that a timely answer has been filed.
7. Cooperate fully with your attorney or insurance carrier in the defense of the suit.
