What To Do If You Are Sued

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What To Do If You Are Sued

It may come in the form of a knock on your door. You may get a call from the front desk at your office saying “someone is here to see you.” Sometimes it even comes through the mail. No matter the means of delivery, being sued (or receiving “papers”) can be a very stressful event. Many lucky people go through life without ever having this experience. If you are not one of them, a few simple rules can help make the process a little less unsettling. Following them will help reduce the likelihood you will be seriously injured financially when “papers” arrive for you.

First, remain calm.

One of the most important things you can do is not become overly excited or agitated when you are sued. This is a time to think clearly and carefully about your next move. Some people may suggest that you try not to take it personally. That is probably unreasonable for most individuals and many business owners. These papers are being received because of something you or your company are alleged to have done, so it is difficult not to see it as personal attack. However, you will be better equipped to handle the next phases of the decision-making process if you try not to become enraged or otherwise angry. Just as the famous military historian Carl von Clausewitz called war a “mere continuation of politics by other means,” the papers you have been served may merely be the next stage in the negotiation of a business dispute.

Make note of the date.

It’s important to be aware of the date on which you are served. Once papers are served everything you must do has a time limit on it. After the service of papers you must file what is known as an “Answer.” An Answer can either be very simple or very complex depending on the court, the facts, and the claims asserted against you. Sometimes there are preliminary pleadings that must be filed before an Answer. Only a qualified trial lawyer is capable of advising you about the right papers to file and the time to file them.

The deadline for filing your response is another issue best left to a professional legal adviser. However, it is generally true that an Answer must be filed in most Texas county and district courts no later than 10:00 am on the Monday following the 20th day after the service of papers. In justice court the deadline is 10 days. This is another area where the actual calculation of the response date requires professional legal advice.

Call your insurance company.

This is obvious if you are sued as a result of an automobile accident. However, in a significant number of personal legal situations there is a decent chance that your homeowners insurance policy will actually cover all or some portion of your legal expenses and, potentially, cover any award made by a court. This is an area where perhaps the best advice is “it never hurts to ask.” It is very much worth your while to consider submitting whatever papers you receive to either your insurance agent or the carrier of your homeowners insurance policy. Again, timing is an important issue. You want to have a response from your carrier before the due date for your Answer.

Seek professional assistance.

It is very much in your best interest to have a legal professional advising you at this time. The lawyer you call does not have to be a trial lawyer. You may already have an existing family lawyer who handles Wills, real estate transactions, or other matters. Contact the lawyer you know and ask him or her for guidance. If you do not know a lawyer, consider contacting friends or family members who have experience in legal matters. They may be able to guide you to a lawyer they have used who may be able to assist you. If you have no contacts of this type, call your local Bar Association or the State Bar of Texas. The State Bar and many local Bar Associations have legal referral services that can be of significant value to you. Above all, do not wait. Move promptly to secure help in dealing with one of life’s most challenging circumstances.

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