Most of us don’t think too much about lawsuits. We’ve either never been sued or we’ve never sued a person or an entity. Reality sets in when you spot someone hanging around your house – you find out later it’s a process server – who knocks on your door and hands you some paperwork and says, “You’ve been served!”
And there it is: “Plaintiff’s Original Petition.” The Plaintiff (a person who brings a legal action) could be your neighbor who is comPLAINing (get it?) that YOU, now the Defendant (an individual, company, or institution sued or accused in a court of law), cut down HIS trees (that you thought were on your property) at a great cost to himself. He wants money to replace the trees and money for his emotional suffering, plus money for his attorney’s fees and court costs. You now have to defend yourself, hire a lawyer, possibly appear in Court and go through a trial, and either win or lose the case.
Filing or defending a lawsuit should be easy, right? The case shouldn’t take long, right? It shouldn’t be expensive, right? It will go to trial soon, right? Unfortunately, the answer to all of these questions is NO. Those of us who are not familiar with the workings of the legal and court systems and don’t know about lawsuits should research and learn what we are getting into before filing a petition with the court or defending a lawsuit.
People are often shocked to learn that lawsuits can be quite expensive! Of course, you can represent yourself (pro se) and possibly save some money, but that may not be wise. There is an old adage that is sometimes attributed to Abraham Lincoln that goes like this: “A man who represents himself has a fool for a client.” Legal expertise in a dispute is important, and it is recommended that an experienced attorney be consulted and eventually hired to handle the matter.
Attorneys often require a large retainer and bill by the hour, or they can be contingency based. An attorney working on contingency usually fronts all out-of-pocket expenses and receives an agreed-upon percentage of any amount won (typically 33%-40%, and/ but only if you win). Costs can include court filing fees, discovery expenses, and expert witness fees. It adds up fast!
It is very important to note here that A Case for Women, founded by women in 2015, connects women with experienced lawyers who only work on a contingency basis. ACFW gently educates the women who have contacted us and who have been harmed by medical devices or pharmaceuticals or sexual assault, for example, about the legal process and the benefits of filing a lawsuit; if you decide to take action, we’ll match you with an attorney. The attorney handles the case from this point, gathering up information needed for your case. The law firm that represents you has the resources that will be required and also takes on all the risk so you don’t have to. Also, because your case is on a contingency basis, NO upfront costs will be required, and little hassle, if any, will be required of you. At the end of the case, the attorney will receive a percentage of the settlement won; if the case is lost, the Plaintiffs (including you) owe nothing.
Something most people don’t realize is that their case may settle or even be dropped or dismissed before it ever goes to trial. Most lawsuits DO end in settlement rather than going to trial. Actually a settlement could save a tremendous amount of money in lawyer time and production of documents during the discovery process, ideally moving the case along faster. Lawyers on both sides may enter into negotiations in hopes of settling the case before trial. Or the judge could order Alternative Dispute Resolution that could include Mediation or Arbitration. Mediation is held between the parties and a Mediator is often a lawyer specializing in mediations – not a party to the lawsuit. A Mediator is a neutral, impartial third-party go-between who attempts to help disputing parties reach a resolution that is mutually acceptable to everyone involved.
Thinking your lawsuit will end speedily? Think again! Lawsuits often d-r-a-g along like a very slow-moving turtle. There are continuances, hearings, pretrial conferences, and Discovery. Discovery is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Also, the discovery process might require you to locate and provide certain documents, like medical reports or bank statements. You might be deposed and have your Deposition taken by a court reporter, as if you were in a court of law. A deposition is usually conducted by opposing counsel and is a Witness’s sworn out-of-court Testimony.
The pandemic that happened in 2020 slowed the court system to a crawl, postponing and resetting hearings and trials. But even in the absence of a pandemic, years could go by without a resolution to the lawsuit you were hoping would quickly solve your problem. That’s the main reason court cases settle.
Most people do not know that being a Litigant in a lawsuit can be very intrusive. Do you have a few secrets you’d like to stay secret? Forget it! During the discovery process, you could be required to divulge sensitive information about your personal life, medical history, and financial condition. This information would then become public record for everyone to see. Each litigant is entitled to “discover” certain facts from the other litigant, including private information.
Being a Litigant, whether you are the Plaintiff or the Defendant, can be very taxing and stressful. Per Paul R. Lees-Haley, PhD, diplomat of the American Board of Professional Psychology and of the American Board of Vocational Experts: “For many people litigation is a deeply frustrating and emotionally disturbing experience.” A person may experience anxiety, depression, or sleep disturbance. They might worry about the outcome, tight deadlines, and hostility between the parties. Suing someone or being sued is not to be taken lightly. Many matters should be considered: expectations, time, cost, and stress.
However, it should be comforting to know that most cases settle out of court, before going to trial, and will take up very little of your time. The lawyers you are connected with by A Case for Women do all the heavy lifting; it is up to the lawyers, not you, to prove your case. So the law firm will order your records, investigate the circumstances, hire experts, and fight the Defendant without bothering you.
Filing and defending a lawsuit can be intimidating but, rest assured, there are many fine, experienced lawyers to assist you. Together with A Case for Women, which was founded for the purpose of helping people through legal action by connecting those harmed by medical devices, pharmaceuticals, sexual assault, and other issues, said experienced lawyers can help you bring tremendous change to the way big corporations do business. And, most importantly, WOMEN ARE EMPOWERED (to speak up, file lawsuits, hold corporations accountable, and encourage others)!
-Shirley Wilcox
