What if someone is suing you? Steps you can take.
Every day, our activities may turn into liabilities. Whether you are an individual or own a business, you are at risk of getting sued if you make a mistake or cause an accident that hurts someone or their property. If you believe the plaintiff (that is the person that is suing you) might be in the wrong, you can always dispute the lawsuit. Here are some things you can do if you’re being sued in the state of California.
Check for insurance.
The first thing to do if you are sued is check with your insurance company to see if they will defend you for the claim. Whether it is your auto insurance, homeowners, renters, general liability or any other policy which you might have, it is always best to find out if your insurance company will handle the defense.
Find out in which court you are being sued.
For smaller claims, the plaintiff can take you to Small Claims court. In Small Claims court, you and the plaintiff will appear without laywers and be able to present your side to a judge for a decision.
Discuss a settlement with the plaintiff.
If a case goes to a judge or jury, there is always a chance you might lose. But that being said, there is also a chance that the plaintiff might lose. Sometimes if you have a civil discussion with the person that’s suing you, the parties can work out a fair agreement to avoid the time, expense and risk of going through with the lawsuit.
File Paperwork with the Court.
If you cannot reach an agreement with the opposing party, you must let the Court know you intend to dispute the claim by filing the appropriate papework with the Court within the designated time frame. If you are unsure about what to file or when, you should consult a lawyer as soon as possible.
It is best to avoid getting sued altogether by conducting yourself with care and abiding by good business practices. However, sometimes it is unavoidable.
At Beckerman Anderson, we are deal with Civil Litigation matters every day. Our team has expertise in business disputes, breaches of contract, insurance litigation and much more. Contact our trial lawyers in Costa Mesa to schedule a free consultation!
