10 Common Fears About Lawsuits

Dealing with a civil lawsuit may feel overwhelming. If you're getting sued, it can seem like the world is out to get you. If you're suing to get something owed to you, it's frustrating. Things should be easier to handle than through the courts.

When you're in this situation and find yourself thinking these things, take a moment to remember why lawsuits happen and what you can do to speed the process along.

1. This Is Ridiculous

Lawsuits can seem foolish, especially when someone else sues you. Most of the time, people don't file a civil case without reason. Even a small claims case has a filing fee, so few people bring cases without cause.

After the first anger dies down, look at the complaint and see what you're getting sued for. Then, get legal advice. This might be something you and the other person can work out without litigation.

2. I Don't Have an Attorney

People rarely think of finding an attorney until they're involved in a court case. If you're one of them, you're in good company. Discuss your case with an attorney or legal professional if you're unfamiliar with business law or legal disputes.

There are many places to get a legal referral. FindLaw can help you find the right lawyer for your case.

3. I Didn't Do Anything!

A civil lawsuit is not about blame. Civil suits aim to make one party "whole" and correct monetary wrongs. For instance, if someone is in a car accident, they may sue the other driver in a personal injury claim to recover medical bills and property damage.

You have the right to file a counterclaim against the opposing party in your case. If you're getting sued in a car accident, you can also file for damages you suffered.

4. I Can't Afford This

Lawsuits are expensive. Whether you file the suit or are the one getting sued, legal actions are costly affairs. There are a few ways to reduce the costs if the case goes to court.

• Alternative dispute resolution. Mediation and arbitration are ways to resolve disputes outside the courtroom. These systems involve the parties agreeing on an outside party to either resolve the dispute or help them come to a resolution without a judge. Both are less expensive than litigating.
• Self-representation. For some cases, such as small claims court, you can represent yourself and save money on an attorney. If you're the defendant, you may not have the choice of which court will hear the case. But if you're filing the suit, consider the amount of money at issue. If it is below the statutory amount, you can file a small claims case for less cost and don't need an attorney.

5. Don’t You Have to Send a Demand Letter Before You Sue?

In a few cases, such as contracts and fraudulent and deceptive advertising, you must send a demand letter outlining your cause of action and the amount you are suing for. Otherwise, you (or the person suing you) do not have to send a demand letter or notice before you sue.

If you are suing the government or an insurance company, you may need to file a "Notice of Intent to Sue." You do this in personal injury lawsuits when the statute of limitations is brief, but you're not sure if you will file a lawsuit.

The rest of the time, you don't need to send any request or demand if you want to sue someone. You may want to do so because it shows the court you made all reasonable efforts to collect before going to court, but it isn't necessary.

6. This Will Take Too Long

The court system is designed to take time. Famous jurist Daniel Webster proclaimed, "Law ... hears before it condemns." But it's possible to move things along by cooperating with the process and helping your attorney. One reason for delays is parties who do not complete paperwork on time or forget to attend their hearings.

Depending on the type of case, there are deadlines built into the parties' time for answers, motions, and discovery. For instance, in a divorce case, once one party serves the summons and complaint, the other party has 30 days to answer. So, you must wait the full 30 days before the next hearing. You can optimize your time by having all your discovery paperwork ready so you can file it when the 30 days are up.

7. What’s the Point of All These Legal Things?

Your attorney may use strange legal terms like "deposition" and "discovery." If you're not sure what the attorney is talking about, ask. Like doctors, attorneys sometimes forget that laypeople don't know what the phrases mean.

In general, these things are to help you win your case. Your attorney needs certain kinds of information to help your case. Under court rules, your attorney has to get it in particular ways. For example, a "deposition" is asking witnesses questions before court. A deposition made is under oath, with a court reporter present.

"Discovery" can be a list of standard questions the opposing party must answer and sign. Sometimes, these questions just ask the other side to confirm basic data so the judge does not have to confirm it at the trial. For instance, discovery often asks a party to verify their name, address, phone number, and employment.

8. Can I Get a Jury Trial? 

Except for small claims cases and family law cases in most states, you can always ask for a jury trial, making your case last much longer. Jury trials get scheduled, or "calendared," by the clerk's office, according to when there is open space on the court docket. It can be weeks or months before there is space on the calendar.

Seating, or "empaneling," a jury adds more time to the case since the court must call jurors in. This is not a reason to avoid a jury if you and your attorney believe you need one. If you are trying a serious question of fact in your case, you should call for a jury. Other times, having the judge make the decision is your best option.

9. I Can’t Pay What They Want!

Don't panic when you see how much your opponent is asking for. It's standard practice to aim high when filing a lawsuit. Also, the figure may be set by statute or a number used to get over the limit for small claims court. For instance, if the small claims limit is $75,000 in your state, a party will sue for $100,000 to bring it into civil court.

The judge or jury will eventually determine the actual award, which may be much less than the amount on the complaint. Even if it is the full amount, there is still time to arrange a payment plan or work out other settlement options. In the same way, the amount you sue for may not be what you eventually get.

10. How Long Is This Going to Take?

Strap in: a civil suit can take quite a while. Even if you do everything right and the other party does everything they're supposed to, a basic civil suit can take three to five years. Most of this is due to the built-in time limits the parties have to file documents and provide responses and the time needed to schedule hearings.

Small claims cases can sometimes get finished sooner, within six months. Personal injury claims may last longer, depending on the nature of the injury. If you're considering filing a lawsuit or someone has served you with one, you must get legal advice. Contact a civil attorney in your area.