All businesses deal with disputes from time to time that can eventually lead to legal action. These court claims are typically either civil torts or negligence lawsuits. They can arise from a wide variety of scenarios, and many times they are actually filed on weak to borderline evidence. The problem is that the burden of proof in civil claims is a preponderance of the evidence with respect to a totality of the circumstances. In short, this means that the mere fact that a plaintiff has taken a case to court can carry a heavy burden unless there are exculpatory facts that can remove any responsibility on the part of the defendant.
Civil torts generally have similar elements with respect to what justifies a claim as valid. Common disputes include patent or intellectual property infringement, liability, and breach of contract. And there are also other unique claims that can arise from vicarious connection to other legal issues as well. A prime example is when a trucking company or a shipment contractor is also liable when one of their drivers is involved in an accident. Responding professionally is important regardless of the business law application, and this always includes solid legal representation.
Having professional legal help always shows seriousness to all opposing litigants whether they have already filed suit or not. An experienced business law attorney might be able to devise an alternative dispute resolution plan that can result in an amicable agreement stressing the potential outcome when all legalities are evaluated. The most preferable is mediation, which allows discussion of the dispute in an informal setting with no public exposure of the claim.
How a business responds to any legal issue is important because the ongoing viability of the company can be in jeopardy. It might be wise to retain an experienced business law attorney to represent the company’s best interest. The future of the business may depend on it.
