Defending A Lawsuit

What should I do to prevent being sued for personal injuries?

Maybe you've heard from a personal injury attorney that he or she is filing a lawsuit against you. If you're looking at a personal injury case through the eyes of a defendant, a personal injury attorney can be your worst nightmare. How should you handle a letter or phone call from a personal injury attorney threatening a lawsuit if you don't meet his or her client's every demand?

Hopefully, you have some type of insurance policy to protect you. If the plaintiff is alleging a slip and fall injury at your residence, call your renter's or home owner's insurance company immediately. Send any documents to the insurance company you have received from the personal injury attorney, and always document your request for indemnity and defense by sending a letter to your insurance company.

Businesses should be carrying a comprehensive general liability policy, or at least some form of insurance to protect them against the variety of personal injury claims that can arise. Keep in mind that some claims will be covered, and some may not be (defamation is frequently excluded from coverage.) Even if you are not sure whether an insurance policy will cover you in a lawsuit, make a demand for indemnity and defense. If the policy provides for it, an attorney will be retained to defend you in the lawsuit.

If you do not have any type of insurance, but still have assets in which the potential personal injury plaintiff may be interested, start searching for a defense attorney right away. While paying an hourly fee for an attorney may be expensive, attempting to defend a lawsuit without legal assistance will almost certainly result in a far greater cost. You can use the same ways to find a personal injury attorney to find a defense attorney. Generally, personal injury attorneys are always working for plaintiffs, so limit your searches to attorneys who handle the defendant's side of the case.