Can the mentally ill be sued?

The mentally ill can be sued, but there are some special considerations that apply.

* Capacity to be sued. In order to be sued, a person must have the capacity to understand the nature of the proceedings and to participate in their own defense. A person who is found to be incompetent may not be able to be sued.

* Default judgment. If a person who is incompetent is sued and does not appear in court, a default judgment may be entered against them. This means that the plaintiff will automatically win the case.

* Damages. The damages that a mentally ill person can be held liable for may be limited. For example, they may not be able to be held liable for punitive damages, which are meant to punish the defendant for their actions.

In addition to these special considerations, mentally ill people may have difficulty understanding the legal process and they may need assistance from an attorney or an advocate.