It’s an ugly truth that your company could face legal action. It may be wishful thinking or it could have legitimate grounds. Either way, you need a specialist defense attorney if your company is sued.
It’s important to know what types of lawsuits there are, so you know the context of the claim. Potential lawsuits include:
Your Company is Being Sued – What Should You Do?
There are six steps you can take to limit your liability, including the following:
1. Get Legal Representation
Hire a business lawyer if you don’t already have a business law defense attorney for companies. Good defense lawyers are adept at negotiating out-of-court settlements and defending you in civil court.
2. Notify Your Business Insurance Provider
Should you be liable, your insurance will cover the cost of the claim. Your insurer may provide legal advice, but you must decide if you want your trust in your company’s California employer defense attorney or if you’re going to follow your insurer’s advice.
A knowledgeable business attorney is best because they better understand the finer details of corporate law.
3. Remain Silent
Resist the temptation to respond with outrage. It’s easy to say something in the heat of the moment that will be used against you in the case.
Leave all communication to the labor defense attorney for your company. They follow the correct communication process in an objective manner.
4. Respond Timeously
You typically have 30 days to respond to the allegations. Your response must include confirmation or denial, notification of defense, and counterclaim if necessary.
5. Collate Documentation
Collect all the documents, reports, and records related to the case. Get witness reports from anyone who is involved in the matter, even if it’s indirectly.
6. Be Honest
Admit if your company is liable. Don’t try to bluff your way out of the case. The truth will come out and the penalties are likely to be far worse than if you took responsibility from the get-go.
Here are Factors to Consider When Your Company is Sued
Consult with a Business Law Defense Attorney for Companies
Civil cases are intricate and require the services of a specialist employment litigation defense attorney for your company. Your lawyer will file motions to obtain information and procedural requests, for instance, a change of venue.
The process can take several months, during which a dedicated business law attorney works tirelessly to prepare your case.
Get a Good Understanding of Your Legal Defense
It’s essential that you fully understand your defense so that can answer questions confidently. If you don’t, you can be wrong-footed by a plaintiff’s assertive lawyer.
For example, you think you understand your legal liability, but you’re thrown when the lawyer sideswipes you with jargon that makes you doubt the legitimacy of your defense.
Review the Details of Your Case
You and the civil lawsuit defense lawyers for your business will plot all the details of the case and put them in order so you have a clear view of the situation.
For example, the plaintiff’s attorney asks you what shoes the plaintiff was wearing and you can say that they were wearing green sneakers and not the work boots required.
Assess Potential Liabilities with Your Business Litigation Defense Lawyer
There are three types of civil liabilities:
- Intentional – The intention to harm another person. For example, putting up a rickety ladder, knowing it will topple over.
- Negligence or Unintentional – The defendant had a duty to perform an action but didn’t and someone was injured. For example, someone driving on a wet road aquaplaned into another car, causing damage.
- Strict Liability – The defendant is liable for their hazardous actions or products that caused harm. There is no burden of proof on the plaintiff because the defendant should have foreseen the risk. For example, building a roller coaster with cheap parts that break under stress. Those injured as a result don’t have to prove negligence because it’s obvious.
Define Service of Process
A service of process informs the defendant that they are being sued by the plaintiff. It describes the lawsuit and sets the deadline for the defendant to respond and the penalties if the defendant doesn’t respond.
For example, the defendant is being sued for negligence because they failed to clean up some oil on their business premises, which caused the plaintiff to fall and break their wrist. The defendant has 30 days to respond. Should a response not be forthcoming, the defendant will be guilty of abuse of process.
When Your Company is Sued – Who Can Be Served with the Process?
An agent of service is served with the process. All businesses must appoint a process server, either a person or a company. The agent forwards the process and summons to the appropriate person in your business.
For example, your California employer defense attorney can be your agent of service.
What to Expect During and After Your Case?
The beginning is about discovery when both parties gather as much information as possible. With the information in hand, your lawyer runs with the case, keeping you appraised of progress. You can challenge a verdict by filing a motion for a new trial. You can also appeal the decision.
If you’re found liable, you’ll have to pay the full settlement amount, either immediately or by an agreement with the plaintiff. If you don’t pay, the Sheriff of the Court can have movable assets attached, which will be auctioned to pay the settlement.
Refrain from Representing Your Company
Don’t be tempted to represent your company to save on legal costs. Business law is complicated and best handled by civil lawsuit defense lawyers for businesses. You won’t win and it will cost you much more than hiring a civil lawsuit attorney in the first place.
Let Our Business Litigation Defense Attorney Defend Your Company
We have expert lawyers who specialize in litigation, including negotiation and arbitration in court.
Our civil attorneys have a well-deserved reputation for honesty, professionalism, and astuteness. They put you front and center in your case, giving you personalized service.
Whatever the circumstance, our civil lawsuit defense lawyers for businesses shine if your company is sued. Don’t wait until your business is in trouble, reach out to us for a free consultation. Contact us at 866-320-4854 at LibertyBell Law Group today!