Suing Yourself – Is it Possible?

Sue Anyone in Small Claims Court Suing Yourself – Is it Possible?

Suing Yourself 

There are some bizarre lawsuits out there and at first filing suit against yourself may seem like something that may get you laughed out of court. There are occasions, however, that suing yourself may be the only course of action available to get compensated for damages that you’ve experienced.

Often when a lawsuit is filed for an accident that was caused by recklessness or negligence, while you may be suing the defendant, it’s their insurance company that’s on the hook for most of the liability that they could incur from your case. This actually could lead to the most common occasions when suing yourself could not only be a valid legal avenue but also the only option available to you.

Reasons to File a Lawsuit Against Yourself

While it may seem outlandish at first, there are a few valid reasons that you may potentially sue yourself. Let’s dive into more details.


Reason

Example

Suing Yourself on Behalf of an Inherited Estate Before 2016, suing oneself was mostly untested in the American legal system. That all changed after the case of Bagley v Bagley was decided by the appellate court in Utah. In this case, Barbara Bagley was driving in an accident in which her common-law husband was ejected from the car and killed. Ms. Bagley then sued herself for wrongful death on her husband’s estate’s behalf.

The district court dismissed the claim originally, ruling that Bagley could not be both defendant and plaintiff even if she was acting on behalf of her husband’s estate. The court of appeals later reversed the decision, however, and awarded Ms. Bagley a settlement from herself, which her insurance was entitled to pay her husband’s (now Mr. Bagley’s) estate.

Suing Yourself for Insurance Compensation If you are injured or otherwise receive damages and financial burdens due to actions that you were following in a professional capacity or as an agent of a larger organization, there may be occasions where suing yourself would be the best way to get compensated through insurance policies.

Often these cases will be handled through workers’ compensation, but if you have complicated employment status, such as being an independent contractor or owner of a business, a self suit may be legally untested but could be a valid option. Most of the time in disputes like this suing an insurance company will be the most likely remedy, but exceptions can happen.

The Wrong Reasons to Sue Yourself One New York man in 1996 actually sued himself in a far different way. After defaulting on a mortgage that he had fraudulently taken out in his mother’s name, Thomas Prusik-Parkin then filed suit against himself (posing as his mother) accusing himself of fraudulently filing paperwork. His dizzyingly confusing scheme would eventually unravel though, and he would be later be charged with a number of crimes for not only impersonating his mother to sue himself but also for collecting government benefits and subsidies in her name for nearly a decade.

File a Lawsuit Against Yourself by Yourself

Filing a lawsuit in small claims court by yourself is certainly doable, but to sue yourself, it’s probably not best to go at it by yourself. Small claims court doesn’t require anyone to have representation, and while the procedure will vary based on your state and municipality, filling a small claims court yourself is very possible with dedication and hard work, often involving:

  • Extensive research on relevant case law and precedent
  • Reading legal analysis to fully understand all facets and possible arguments against your case
  • Strict adherence to procedure and deadlines of the court

Unfortunately, suing yourself is incredibly tenuous legal ground. Bagley v Bagley may have established a precedent for suing yourself, but case law with very little precedent to back it up can be dangerous waters to navigate solo.

The Issues You’re likely to Encounter Filing a Lawsuit Against Yourself

If you’re going to attempt suing yourself alone, you’re likely to encounter a number of issues that mostly stem from legal nuance. In addition to all the challenges that you’ll face navigating the court system without legal training, you’re likely to face a lot of legal jargon and theory that you may not be prepared to answer. Not having an answer to an argument in small claims is usually the same as conceding the point, so for such an extraordinary circumstance as suing yourself, you may want to seek out experts for help.

How to Sue Yourself With DoNotPay

With small claims, often hiring an attorney to work your case can cut deeply into the compensation that you need. When suing yourself, you’ll probably need some help though beyond just some quick online reading, and lucking DoNotPay could potentially be the perfect way to get the help you need without it costing an arm and a leg. Our automated lawsuit generator makes it easy to file a suit in small claims, even against yourself.

To take advantage of DoNotPay’s cutting edge tool:

  1. Log in to DoNotPay and select the Sue Now product.

  2. Enter the dollar amount you are owed or that you are seeking.

  3. Select whether you want a demand letter or court filing forms. It may be odd to send a demand letter to yourself, but it may be your insurance that the demand is really directed at.

  4. Describe the reason for the lawsuit and submit any applicable details, including photo proof.

That’s all there is to get your case started with DoNotPay. DoNotPay can help also with any other needs you may have in small claims court, such as:

  1. Suing a communications company, like AT&T or Verizon
  2. Suing an airline
  3. Suing ride share companies, like Uber
  4. Suing a government entity, like your State or The Social Security Administration

DoNotPay can also:


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