Handling a business lawsuit : You thought you’d taken all the necessary precautions to safeguard your business, but now you’ve been served with a lawsuit. Whether frivolous or justified, all lawsuits or threats of litigation should be taken seriously and resources sought to address the issue. You can feel irritated, powerless, and even angry at this stage.
Article Road Map
- Prepare for the Suit
- Review the complaint after it’s been opened
- Get legal advice from a licensed attorney on how to handle the lawsuit.
- Things Not to Do If someone Sue’s your company
- Steps You Can Take To Protect Your Business If someone Sue’s it
Prepare for the Suit
A legal demand letter, which can be written by the individual or company, or by their attorney. This typically precedes a small business lawsuit. A demand letter may usually include a demand that the employer takes corrective action and the threat of a lawsuit, but a demand letter is not the same as a lawsuit.
Send all demand letters to your attorney for approval, if you have one. Your lawyer will determine the letter’s credibility and advise you about whether or not a response is appropriate. A true case will be provided in the form of a “formal complaint,” which is usually served by a process server but may also be served by the police.
Review the complaint after it’s been opened
In the event of a lawsuit, it’s important to review the facts of the case as soon as possible, because you can only have a limited period to respond. you will attend a hearing in a matter of days or weeks.
Get legal advice from a licensed attorney on how to handle the lawsuit.
Without a question, the first thing you can do if your company is sued is to contact an attorney or law firm you trust about the case. If you don’t have one, ask your friends in the industry for a recommendation.
Before requiring a retainer, many lawyers can give a free or flat fee consultation to review the case and discuss your options with you. It’s a good idea to interview many lawyers to find one with the right level of experience and personality.
Examining your case with legal counsel can help you to understand the legal context of the situation – for example, an attorney will tell you whether the other side has a strong case or whether the case will be dismissed. They can give you advice on how to resolve the problem, such as agreeing to settle.
You may want to look for a particular type of lawyer in certain cases. For example, if the lawsuit involves tax issues, you should hire a tax attorney; if the lawsuit involves real estate issues, you should hire a real estate lawyer.
When dealing with an attorney, it’s important, to be honest with them and share all relevant details. Don’t conceal details from your lawyer; it won’t help you. Furthermore, do not delete or attempt to conceal legal records from the court process – this could be illegal.
Gather all of the details you can about the person or individual that issuing you and send it to your lawyer. This knowledge will be crucial to your legal defense because it will apply to the case.
Notify the insurance company if you have business insurance
The company has general liability insurance (which it should). The insurer may be able to provide you with legal protection and even cover the verdict if the plaintiff wins. If your liability policy covers your business, the insurance provider will normally provide and pay for an attorney to represent you.
If you have any concerns about what your coverage can and won’t cover when it comes to claims, talk to your insurance provider.
Take into consideration “settling”
Your lawyer will advise you on whether or not resolving the case is the right way to resolve it. If fighting the case will cost you a lot of money in legal costs and probably result in an unpredictable or expensive decision, settling the case could make sense.
Settling may appear to be a form of surrender, but it is also the most strategic and time-consuming choice with the smallest financial loss. Your lawyer will assist you in weighing the advantages and disadvantages of a settlement agreement.
Maintain your composure
Don’t fidget. While facing litigation can be stressful, if you’re on the right side of the law, it’s in your best interests to remain positive and concentrate on running your company as efficiently as possible.
Not only can you have more peace of mind, but you can also save your company in the long run by taking the proper measures to shield your company from the legal and financial consequences of a lawsuit.
Things Not to Do If someone Sue’s your company
- Directly contact the person or individual who is suing the company. This may reduce your chances of winning the case.
- Ignore the legal proceedings. This will lead to an automatic negative decision against your business.
- Allow your legal troubles to divert your attention away from your company’s day-to-day operations. A Lawsuit issue is common.
Steps You Can Take To Protect Your Business If someone Sue’s it
- Incorporate your company and keep it separate from your finances and affairs. This does not preclude the company from being sued, but it does help protect the assets o the company in the case of a lawsuit.
- Obtain liability coverage. Although insurance does not cover anything, a general liability policy will protect you from a variety of lawsuits.
- Make a mental note of a lawyer. Seek legal advice before a case occurs to ensure that the company is legally sound to face the lawsuit.
- Offer outstanding customer service. Maintain customer satisfaction.
- Value the people who work for you. Employee lawsuits are a common occurrence. Check to see if you comply with any employee-related rules. Create an employee handbook and ensure that all of your employees are familiar with your company’s policies and procedures.
- Reduce the risk of financial ruin. Take the appropriate measures to mitigate the financial effect of litigation on both your personal and company finances if it becomes necessary. Incorporate your company in a way that protects your assets from legal lawsuits, and make sure you have the right business insurance policy to protect your company’s assets.