Having an Experienced Commercial Litigator By Your Side is Always Important Whether You are the Party Bringing or Defending a Lawsuit

By Thursday, October 26, 2017 0 No tags Permalink

Regardless of the industry a company may be in, there are some things that most business owners commonly fear. One worry that frequently keeps them up at night is the fear of being sued. To avoid a lawsuit, most take steps to lower their risk of being held liable.

For example, most businesses try to remove obvious hazards on their property to protect staff and others from harm. Despite taking preventive steps, accidents can still happen.

If someone is injured at work, even if the owner took reasonable steps to protect them, businesses may still face a lawsuit and could be held legally responsible for damages.

Benedict Morelli

The Benefits of Having an Experienced Trial Lawyer as Legal Counsel

We live in a litigious society, therefore most enterprises carry one form of liability insurance or another. In most cases, a claim for damages is referred to an insurer and they take it from there.

For those foolhardy enough to not carry insurance for their company, it is vitally important to seek legal counsel to help them prepare their defense. Having well-qualified legal representation can help owners limit the amount they pay on a settlement or court judgment.

Liability is a Two-Way Street

While most owners worry that they might be sued, few consider the possibility that they might need to sue someone else. Yet, disputes with third parties can leave owners with grounds to file a lawsuit and make a claim for damages.

Just as small business owners benefit from having an experienced lawyer if they need to defend themselves from a legal claim, they can also benefit by seeking help from a top trial attorney, like Benedict Morelli, when they need to bring a lawsuit against a third party.

An Attorney’s Level of Experience May Be Even More Important When You Need to File Suit

Cases involving the laws that govern commercial enterprises are typically very complicated. Contracts can run into the dozens, if not hundreds, of pages and if the other party does not perform it’s going to take an expert to sort it out.

Nearly anything can happen once a legal dispute evolves into a lawsuit and actually goes before a judge or jury at trial. For example, lawsuits can be dismissed for simple things such as a filing error or a lack of standing to bring suit. Lawsuits can be decided unfavorably due to technicalities or other error.

Which is why business owners are going to want counsel with an extensive background in commercial litigation to represent their interests. The United States Commercial Code is an exceedingly complex set of statutes, not to mention the massive amount of rules each government agency publishes to interpret the actual law itself. The litigator not only needs to understand the law but must have the ability to clearly enunciate their client’s position to a jury of laypersons.

Commercial Lawsuits Can Involve a Wide Variety of Issues

Even when everything is in writing, disagreements and disputes about the terms of an agreement can still arise with other parties. This kind of conflict often involves a breach of contract, and it is a very common type of lawsuit filed by business owners.

Pretty much anything can become an issue one party or the other wants to bring before a court of law. This can range from invoice payment to wrongful termination to product liability, and much more.

American jurisprudence has evolved into a labyrinth of codes, rules and regulations. Both intellectually and physically, by which I mean entire buildings are given over to housing the tomes dedicated to studying and researching the laws of the land. You need someone who is a master at their art to navigate it all.

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