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Joyce G | Go to Litigation or Not???? |
Can I file a Lawsuit to sue someone without having an Attorney? Are there any good websites that I could go to for free information?
Husband has sustained $350,000+ injuries/pain and suffering, lady has only $50,000 exposure, the rest would be a Lien on her house (only worth $100,000).Cannot get the $50,000 without going for the whole sum...any help appreciated. |
 |
 
Mekonen
|
The short answer is "yes, you can file a lawsuit without an attorney." It is called representing yourself "pro se," a latin term which means "for self."
The better answer is, if you're seeking more than just a couple of thousand dollars, you really really really SHOULD have an attorney. Why? Because you can bet the other side will have an attorney for those numbers, and an experienced attorney will EAT YOU FOR BREAKFAST, then go for a snack.
As they say in law school, winning in court is not about who is right or wrong. It isn't even about justice. It's about who can marshall the rules to their favor.
A good attorney will have an inexperienced person chasing their tail with terms and questions designed to confuse you or even make you look like a liar. They'll file for a Summary Judgement in their favor, and if you don't meet the strict requirements for a timely response, your case will be dismissed before you ever see the inside of the courtroom. There are a myriad tricks and arts that a good attorney can employ to make a layperson miss a deadline, contradict themself, or even defeat themself.
If you seek out a good attorney - or even a beginner who's hungry - you'll be better off, with at least a chance of winning or bringing the other side to a settlement.
Many attorneys will represent a case on a 'contingency' basis. That means the only out of pocket costs you will have are the actual filing fees, etc - a few hundred dollars. Under a contingency fee, the attorney gets nothing if they lose, but gets a large percent - maybe as much as 30% - 50% - if they win. That doesn't always diminish your award as much as you might believe. Usually they will file for costs and fees, which would add to the amount awarded, and reduce the amount you lose from the basis of your case.
That may sound like "why would I want to give up $20,000 or more to an attorney on a $50,000 case?" Well, if you paid by the hour, it'd probably be that much. And, netting $30K of $50K is a lot better than netting $0.
One last thought. If this is a personal injury case, and if the lady has homeowners or auto insurance, then her insurance company might be liable, depending on if the injury occured on her property or from her car. You need to check it out. |
|
sml
 |
basically you would drown against an insurance law firm as your opposition; you would have to get a judgment in excess of the policy to go after the home; if you settle for the 50,000 that is it b/c you will have to give a release before you get the check and that release states you release the claim in entirety for the 50,000.00 ; you don't say how injured?? if a car , you will have to get the full 50,000 and then do an underinsured claim against your car insurance; this is why a lawyer can assist you ; also there are legal deadlines; a lien is only as good as you can collect say for instance she has a mortgage , your lien is last , bankruptcy will get rid of this debt for her and certain States you can't even go after their home ; a lawyer is your best bet ; hate to pay them but you are paying for their knowledge and expertise to recover the money for you; many a person has been penny wise and pound foolish |
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fighting saints
|
Unless I missed it you left out an important part of the equation. How did these injuries arise? Hurt at the defendants home, car accident etc.
If this was a car accident and the defendant has 50K of coverage then you should look to your own automobile policy for the Underinsured Bodily Injury Coverage (UIMBI). You would not need a lawyer to make this against your own company but I would recommend at least getting some hourly legal advice before continuing with a UIMBI claim, as they can be very complex.
If the injury is not a result of a car accident or you did not have car insurance then you will have to sue her. Again I recommend having an attorney. The defendant will have one and they will eat you alive if you go to court. The old saying about a person who represents him/herself in court has an idiot for a client is very true. I have seen people who have had a pretty good claim screw it up in court. You need to remember that you only get once chance at this and you need to know when the Statute of Limitations "runs". If you have not settled or sued by that date then you lose your claim.
Good Luck |
|
View from a horse
 |
Just to throw in my two bits worth, I totally agree with mbrcatz, Meknonen, Fighting, and Susan. You're seeking a lot of money. It is so easy to screw up in court if you don't know the rules. And the lady or her insurance company will have some good lawyers on their side. So, if you don't get an attorney, it's kinda like climbing into the ring with a professional boxer and then asking the referee to spot you three rounds. You'll still probably hit the canvass in round One.
A lot of people think, "well, the judge will give me a break because he/she will see that I can't afford an attorney and it's little me against big them, so in the interest of fairness, the judge will help me out."
WRONG ANSWER!!!
The judge cannot help one side or the other. That is not their job. They are forbidden to take any action which even appears to favor one over the other. Now, some will tread the line, and many judges will be patient with a layperson; but, in the end, if you don't know something the judge cannot spend the time being your tutor (they have a pretty heavy docket to move). If they try to favor you too much, the other side can probably win an appeal, and may even request the judge to recuse himself/herself.
Mekonen was right. It is about 'marshalling the law to your favor.' Contrary to what most people believe, the law is not about justice and who's right or wrong, it is about having a set of rules under which to litigate. That's what the law is.
The side that uses those rules best usually will win, not necessarily the side that's right. |
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BW
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mylegalsolution.net |
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mbrcatz
|
Sure you can! But it's pretty likely you'll screw something up, without an attorney.
There aren't any one size fits all websites on this, as it's WAY too subjective - state laws vary, your personal situation varies, etc. So whatever you read on the internet, might be dead wrong.
Also, depending on the homesteading laws of the state the lady lives in, you may likely NOT be able to force her to sell her house - you'll have to wait until she voluntarily sells it. Then you get in line behind any prior existing creditors - namely first mortgagee, second mortgagee, and any property taxes or mechanics liens owed. So you STILL might not get more than the $50k.
If her insurance company is willing to write the check for $50K, I'd take it and run. And THEN sue her for the balance.
You're probably best off going to your local library. |
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bundysmom
 |
Yes you can file a lawsuite without a lawyer...it's called "Pro Se."
You'll do best to contact legal aid, your local law school, or the website for the court in the jursidiction the suit must be filed in. Most courts have a "self help" site. |
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