I Could Get Sued!
By Jedidiah McKeehan
In Season 3 of the TV show “Breaking Bad,” there is a plot point where a law enforcement officer beats up a drug dealer over a perceived threat to his wife. While the drug dealer is in the hospital you hear the drug dealer talk about how he is going to sue the law enforcement officer for every penny he has ever had, and the law enforcement officer is terrified of that possibility.
I have heard people express similar fears to me about being scared of being sued when they have not done anything so terrible.
Those people, and the law enforcement officer in the show, are probably worrying a little too much because quite a few things have to happen for you to get to the point of paying money to someone who sues you.
The person suing has to find and hire a lawyer who is actually willing to take on their case.
Lawyers are typically only interested in taking on cases with a high chance of success. That means that they want the person they are suing to have insurance, and therefore insurance policy money. If there is no insurance, often lawyers are uninterested in suing someone because they do not get paid unless they recover money for the client.
If you have insurance in place, like a police department would for a law enforcement officer, then they will also have lawyers to defend them and those lawyers are paid for by the insurance company. Those insurance lawyers are very good at their jobs. They will do everything they can to make sure that the person suing gets no money, or as little money as possible.
If there is no insurance, you can still hire a lawyer on your own to defend you.
You may be someone who is not worth suing. If you do not own much, or everything you own is in the name of your spouse, you may be someone who is considered, “judgment proof,” meaning that even if there is a judgment against you for money, there is a very low possibility of any money ever being collected from you.
Before you start stressing out about being sued, talk to a lawyer who can explain to you your possible exposure and what your options are. It is possible you are worrying when you should not be.
Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.
