Business owners often find themselves embroiled in litigation. If you run a business for long enough, chances are that you will end up in one or more disputes with vendors, customers, competitors, or other companies. Litigation can be costly and time-consuming, taking your focus away from your revenue-producing activities. In addition, business disputes can pose risks to your reputation and bottom line.
If you are involved in a controversy that could lead to litigation, you should contact The Milian Legal Group today for pragmatic counsel.
Business disputes can take on a number of forms, including:
You may not even have a direct business relationship with the other party to the litigation. You may have a case of tortious interference with a business relationship when a third party interferes with a contractual agreement.
Commercial litigation can seek a number of remedies. Most often, parties to the litigation have filed a lawsuit asking the court to award them monetary damages for their losses that can include:
In addition, a party may seek punitive damages that are awarded when the other party’s conduct is egregious and extreme. However, punitive damages are rare in a lawsuit.
In some cases, you are filing a lawsuit because you want certain conduct to stop. While you may have suffered economically, money alone will not end the harm that you are experiencing. In those cases, you may ask the court for injunctive relief that can include:
Injunctive relief is an extraordinary measure, but courts will issue them when compensation is not enough. In many cases, litigants will seek both damages and an injunction.
Regardless of the type of lawsuit, business litigation can be a difficult process for a company. Although these cases are best avoided in the first place, you may have no choice but to engage in the court process.
If you are involved in commercial litigation, the process will start when one party files a complaint in court and serves it on the other party. Oftentimes, the defendant will respond with a countersuit of their own.
The business litigation process can take years from start to finish. Both parties may try to file motions on which the court will have to rule, including motions to dismiss the case entirely and motions for summary judgment.
One of the most time-consuming parts of the case is when the two sides engage in discovery. This process is when you are able to obtain physical and factual evidence that is in the hands of the other party. Oftentimes, cases are won and lost in discovery.
With commercial litigation, your strategy can determine whether you are able to achieve a successful result. You must act intentionally, with the help of an experienced attorney who can help you develop an overall strategy. The right strategy can keep you out of the courtroom, although a trial may be unavoidable and necessary.
“Our attorneys work hard to build a strategy around each case. We walk into court rooms with a complete plan of action.”
David P. MilianFounding Attorney
There are various alternatives to going to court that may be available, especially when you hire an attorney:
The truth is that many commercial disputes will settle before they reach a trial. It is very rare for a civil case to go all the way to a jury decision. How you handle your case will impact the type of resolution that you can reach. We are ready and able to effectively go to court on your behalf if that is necessary.
If you contact a commercial litigation attorney early in the dispute, it may actually increase the chances that you could avoid litigation. It is always better to resolve a disagreement through negotiation rather than litigation. However, you may not have the time to talk through the issue if the other party’s conduct is causing you direct and immediate harm.
The Milian Legal Group will partner with you while working aggressively on your behalf. We provide pragmatic legal advice after we take the time to get to know you before we recommend how to proceed in your case. At the same time, we will help you prepare for possible litigation by giving you, strategic counsel.
You should call us as soon as possible because you never know when an offhand remark or action could impact your case. If you have been injured by the actions of a large corporation, we can help you take the fight to them. To speak with a commercial litigation attorney, you can fill out an online contact form or call us today at (786) 808-9736.
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