Being Sued, What Does It Mean?

Being in a court of law and going before a judge can be a scary prospect

. This is particularly true if you have been named the defendant in the case. Being a defendant is not limited to a criminal case. There are defendants in civil cases as well. Being a defendant simply means that you must respond to a complaint or legal charge against you.

Your neighbor might be asking for damages if the large tree in your yard fell onto his car parked in the driveway. If you dont agree with his claims, he can then file a lawsuit asking the court to award him the damages, thus forcing your hand in paying him what he thinks hes owed. Most lawsuits dont go to trial. Mediation is a process by which both parties can talk about the issue and hopefully come to a mutually satisfying agreement.

The defendant may choose to file whats called a third party complaint. As an example, if you hired a treat trimming service that was supposed to trim the tree and it was done improperly, you might be able to prove some liability on their part. You could argue that had the trimming been done properly, it would not have fallen on your neighbors car.

Any legal proceeding can become a very complex process that only an attorney will be able to decipher. Many people make the mistake of attempting to represent themselves in a lawsuit. Their ignorance of the law can often put them at a large disadvantage, causing them to be responsible for damages that they might legally have a defense against.

There are rules and standards as outlined in civil procedure that the court must adhere to. This is different from how criminal cases are tried and insures that a standard practice is applied to all lawsuits. Familiarizing yourself with these rules will go a long way in keeping the law on your side, thus increasing your chances of winning any claims against you.

If youve been named a defendant in a civil case, see if you can find an attorney that offers a free consultation. This is very helpful in getting legal advice on whether you are responsible for the damages from a legal standpoint. Many people claim that they are not responsible for moral reasons. Unfortunately, the law is usually pretty cut and dried in most cases. Just because your neighbors swing set fell on your fence a year ago doesnt make you less liable for your tree falling on his car.

by: Shauna Rupert

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