If you are being sued by someone who has been hurt due to an accident, don’t panic. You can do several things to help your chances of protecting yourself from this lawsuit and the potentially devastating costs associated with it.
1. Remember You are Under No Obligation to Settle
If someone puts this lawsuit in front of a magistrate, the charges will be pretty harsh. And if you decide to settle, make sure that you agree on the terms of the settlement beforehand and get all of your ducks in a row so that your case doesn’t fall apart later on down the road.
2. Know Your Rights and Ensure You aren’t Being Treated Unfairly by the Other Party or their Lawyers
If you think you are being treated unfairly by the other side, a lawsuit is not the place to do anything about it. The only way to resolve something like this is through negotiations with the other side. If you feel you are being treated unfairly and want to file a complaint, go to the court to handle your case.
3. Make Sure You Have a Good Attorney and that They are Experienced in Handling Cases Such as Yours
If you don’t have an attorney, find one and ensure they can handle what is happening. You can ask family or friends for a recommendation if you don’t know someone personally, but make sure you check up on them before hiring them. Make sure you hire the best accident attorney you can find because he or she will be your only protection against the other side.
4. Keep All Correspondence with Other Parties and Their Legal Representatives
All of your communications with the other side should be documented so that you can get a fair hearing if it goes to trial. Keep copies of everything and anything sent to you by email or paper mail. Retain all emails, text messages, phone calls and voice mails, and notes from the other side and their legal representatives. If you do not have room to store them properly, keep a digital copy in case of a lawsuit or other legal proceedings down the road.
5. Be Prepared with All of the Documents that You Have Related to Your Case
Make sure you have copies of the settlement agreement and all of your arguments for why you are not responsible for the accident, your medical records, and any police reports supporting your side. If you have witnesses on video, audio, or other documentation from the other side’s side, make sure you have them.
6. Stay Calm and Know the Facts
If you are sued, you need to stay calm and act rationally. If you have valid arguments about why you were not at fault, use them as part of your case, even if they are not great. Be reasonable in your statements and let the other side make all their accusations against you.
If at all possible, consider setting up a meeting with the other side so that you can settle this matter out of court. If that does not work out or you do not want to meet with them, try to find out where the other side is being represented and have a lawyer represent you.
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