You’re Getting Sued. Now What?

In 2012, there were more than 278,000 civil lawsuits filed (source). While many people will manage to escape being sued, you never know when it could happen to you. Unfortunately, those being sued – especially for the first time – are never quite sure how to react.

The first thing most think of is the emotional and possible financial toll it will take on you to defend your position. And what if you lose?

Though the odds are against you getting sued in your lifetime, here are a few things to keep in mind. First, don’t immediately reach for the panic button. While you will be served papers, most lawsuits take a good deal of time. This gives you more than ample opportunity to consider your options.

You might want to know that statistics show a civil lawsuit is just about a 50/50 proposition, meaning the plaintiff wins just about half the time (source).

You may want to hire an attorney, especially if it isn’t a small-claims case; in the latter, it usually isn’t cost-effective. Ask trusted friends and do research to see if you can find a good one, because a good attorney definitely makes a difference. If you choose not to hire one, do as much research as possible about the laws pertaining to your case.

Did you know less than five percent of civil suits filed are actually argued inside a courtroom? They’re oftentimes settled at arbitration or through mediation. Most people don’t want to go to trial, so it makes sense to keep an open mind toward settling a claim.

Of course, you need to be very careful to read anything and everything you sign. If you don’t, you might do something detrimental to your case. For example, you could inadvertently sign away your right to a jury trial.

If you decide to counter-sue, make sure you have a good reason. Don’t just do it for spite, and be sure you’re prepared to argue your suit. If not, you’re wasting your time, and the court’s time, too.