I’ve heard advice to make your first $5,000, and then set up your LLC, etc. (I think it was was Paula Pant who said/wrote that.)
It seems like decent advice because you can test out your market before spending a lot of time and a considerable amount of money setting up the structure of a business just to find out you don’t really like it or that it’s much harder than you thought to get it off the ground.
The likelihood of getting hit with a lawsuit before your business has really taken off is super low. The risk is there, but it’s more likely you’d get something like a cease and desist letter - if that were to happen, you could just cease and desist and be glad that you didn’t waste your time setting up an LLC.