What are the risks of suing someone?

Asked by: Verlie Yost II  |  Last update: January 28, 2026
Score: 4.1/5 (55 votes)

Suing someone carries risks like high legal costs, lengthy processes, emotional stress, and an uncertain outcome, where you could lose and even owe the other party's expenses if the case is deemed frivolous. There's also the potential for counterclaims, damaged relationships, and difficulty collecting money if the defendant has few assets.

What are the risks of filing a lawsuit?

What Risks are Involved with Filing a Lawsuit?

  • You could receive less than initial settlement. If an insurance company has made a settlement offer, they think they know that a court could rule in your favor. ...
  • You may have to wait longer for the money to arrive. ...
  • Lawsuits can cause emotional stress.

What happens when you sue someone?

The judge or jury makes the call. They decide who wins, how much money (if any) should be awarded, and whether the case is truly over. To sue someone and win takes strong arguments and undeniable evidence. If the verdict is in your favor, the defendant must comply with the court's order.

What is the outcome of suing someone?

In most cases when you sue someone, you're seeking financial compensation – in other words, money. The outcome when you sue someone in a civil case – a settlement or jury award – is one of the biggest differences between suing someone and pursuing criminal charges against them.

What are the disadvantages of suing?

Time Commitment and Delays. Legal cases take time – often months or years, depending on complexity. A lawsuit involves meetings with attorneys, producing evidence, depositions, procedural delays, and eventually trial if necessary. Plaintiffs must be committed for the long haul.

What Can You Sue Someone For? (And What You CAN'T Sue Someone For) | Lyda Law Firm

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Is it worth it to sue someone?

Before filing a lawsuit, prospective litigants should consider what they want from a case. Civil courts can only give you money or return property. A judgment cannot fix an underlying family problem or neighborhood feud. Lawsuits cost time and money, even if you get court costs awarded with a judgment in your favor.

On what grounds can I sue?

being owed a refund. disputes with your landlord - for example, if they haven't done minor repairs. being owed money for work you've done. accidents when you've been injured - for example, a car accident.

What happens if you are sued but have no money?

If you're sued with no money, the plaintiff (person suing) can still get a judgment, but collecting is hard; you might be declared "judgment proof" (unable to pay), meaning they can't take basic necessities, but they can place liens on future property or collect if your financial situation improves, potentially using wage garnishment or bank levies, though you can claim exemptions for essentials. Key steps are responding to the suit (or risk default), seeking free legal aid, exploring payment plans, and understanding you're exempt from some collection efforts like basic needs seizure. 

How serious is a lawsuit?

So, how serious is a civil lawsuit? Very. While it won't put you behind bars, it can take a heavy toll on your finances, time, and emotional well-being. Whether you're a plaintiff or a defendant, you should approach the situation with caution and professional legal support.

What happens if you ignore someone suing you?

If you don't respond to a lawsuit, the plaintiff (the person suing you) can get a default judgment, meaning the court accepts their claims as true and can order you to pay or give them what they asked for, with no input from you; this often leads to wage garnishment, bank levies, or property seizure, making it very hard to fight later. It's crucial to file a formal response, like an "Answer," within the deadline (often 20-35 days) to at least notify the court you're defending yourself, even if you can't afford a lawyer.
 

Can someone go to jail if you sue them?

When you sue someone, you file a civil lawsuit with the courts in hopes of getting some form of financial compensation. As such, the person sued will not go to jail if you sue them, but they may be ordered by the court to pay you a large sum of money if they are found to be liable.

How to survive being sued?

How To Emotionally Survive a Lawsuit

  1. Understanding the Emotional Impact of a Lawsuit.
  2. Seeking Emotional Support.
  3. Maintaining Perspective and Realistic Expectations.
  4. Engaging in Self-Care Practices.
  5. Managing Financial Stress.
  6. Communicating Effectively With Your Legal Team.
  7. Educating Yourself About the Legal Process.

Who pays when someone is sued?

In most U.S. lawsuits, each side pays their own attorney fees, no matter who wins or loses. Usually, the losing side only pays the winner's attorney fees if a law or contract requires it. Ask your lawyer if a contract provision or some law might make you responsible for the other side's attorney's fees.

What are the chances of winning a lawsuit?

The chances of winning a lawsuit vary greatly, but most personal injury cases (90-95%) settle out of court; for those that go to trial, plaintiffs win roughly 50-60% of the time, with car accidents having higher success rates (~61%) and medical malpractice cases having lower ones (~27-37%). Key factors influencing your odds include clear liability (proof the other party was at fault), strength of evidence (medical records, photos, witnesses), the type of case, and having an experienced lawyer. 

Does suing affect my future employment?

If you file a lawsuit against an employer, it becomes public record, meaning other employers could find out about it. It's a judgment call and concerns many people. Future employers may be reluctant to hire an employee who has taken legal action against his or her former employer.

Should I feel bad for suing someone?

It's Your Right to Seek Compensation

If someone else's negligence or actions caused your injury, you deserve to be compensated. Whether it's from a car accident, a slip and fall, or a work-related injury, you should never feel guilty about holding the responsible party accountable.

How do you successfully win a lawsuit?

Winning a court case requires more than showing up. Success comes from early preparation, smart strategy, and understanding what evidence will matter most. The sooner you act, the harder it becomes for the opposing party to alter the narrative or create confusion.

What is the threat of a lawsuit?

A legal threat is a statement by a party that it intends to take legal action on another party, generally accompanied by a demand that the other party take an action demanded by the first party or refrain from taking or continuing actions objected to by the demanding party.

Do lawsuits usually settle?

This is one of the most common questions people ask personal injury lawyers. The reality is that the vast majority of civil lawsuits are resolved out of court, long before a jury is ever involved.

Can you go to jail for refusing to pay a lawsuit?

No, you generally cannot go to jail just for being unable to pay a civil debt or judgment, as debtor's prisons are unconstitutional; however, you can face jail time for failing to obey other specific court orders within the lawsuit process, like showing up for a hearing, or for certain debts like unpaid child support or criminal restitution. Ignoring the court process or refusing to pay when you have the ability to do so can lead to a judge issuing warrants for your arrest (body attachment) or other collection actions like wage garnishment, but not jail for the debt itself. 

What money is protected from lawsuits?

Assets That May Be Protected

Annuities, if the beneficiary is a spouse, child, or a trust for a spouse's or child's benefit. Retirement plans such as IRAs, 401(k)s, pension plans, profit sharing plans and similar plans.

What happens if someone sues you and they lose?

If you are being sued, you are the defendant. Losing your case may mean having to pay for the injuries and damage you caused. The court can impose a money judgment.

What kind of cases are suitable for suing?

Types of civil cases include:

  • Personal Injury Tort Claims. One of the most common cases in civil litigation is personal injury claims. ...
  • Contract Disputes. ...
  • Equitable Claims. ...
  • Class Action Suits. ...
  • Divorce and Family Law Disputes. ...
  • Property Disputes.

How much does it cost to sue someone?

The cost to sue someone varies wildly, from a few hundred dollars for small claims (filing fees) to $10,000 - $100,000+ for complex civil cases, depending on lawyer fees, court costs, expert witnesses, and case duration, though many personal injury cases use contingency fees (you pay a percentage only if you win). Factors like case complexity, lawyer's experience, location, and whether you need experts heavily influence costs, with small claims being simpler and cheaper than full civil litigation. 

What is the most common reason people get sued?

There are countless examples of unusual things that find their way into a lawsuit; however, two of the most common reasons are litigation due to physical or financial harm. These two issues have a wide array of topics and situations that fall under their umbrella term.