It seems it is almost a right of passage for every business to at some point to become involved in a Civil Litigation case. Often these involve Contract Disputes where there was no written contract. If things were not well laid out in a Contract or Agreement before hand, it can lead to very contentions proceedings. Allow Attorney Sweeney to speak with you about your case and decide which course of action is best for you. (Click here to see all posts about Business Litigation)
Attorney Sweeney can help you
* Determine the appropriate Claims or Counter claims.
* Ensure that all procedures are properly followed in the filing of the suit.
* Negotiate a Settlement if appropriate.
* Minimize your exposure and ensure that all angles of you case are examined.
* Represent you during mediation or arbitration.
* Represent you at trial and zealously defend your position in court.
* Ensure that you side is accurately and fairly represented.
To get a better idea of what is involved in a Civil Lawsuit; follow this link to see an outline of the Civil Law suit process.
What to do if you are being sued:
1. Contact an attorney right away.
When you are served with a summons and complaint, you generally only have twenty days to file an answer. You need to get representation immediately to give your Attorney an opportunity to effectively evaluate the options.
2. Determine the cost of defense:
Many things will factor in to this equation, and often times it is very difficult to predict. However, when you bring your case in, Attorney Sweeney will do what he can to help you understand what it will cost to defend the action.
3. Decide whether to settle and for how much:
Once you have figured out number 2, or at least have an educated guess, then you need to make the determination of whether or not you are going to make a settlement offer and for how much.
4. Proceed with Trial or Settle the Matter:
Depending on the nature of the negotiations the matter may end up settling, or it may proceed to trial. If it proceeds to trial you have to prepare yourself for an often long and sometimes difficult process. Attorney Sweeney will do everything he can to ensure you are kept informed and that the process is as painless as possible.
1. Contact an attorney right away:
In every case there is a statute of limitations that regulates the time limits for when a suit can be brought. If you miss this deadline, often times there is very little if anything that anyone can do for you. Contact an Attorney immediately to allow them to help determine when the statute of limitations runs up for your case.
2. Determine the total damages:
Generally speaking, when you are seeking damages from someone you should not be seeking a windfall, but rather to “be made whole” again. Damages will generally be limited to whatever actual harm you received. Although often publicized, punitive damages and very large awards are the exception rather than the rule.
3. Determine the cost of pursuing the suit:
Once again there are many factors to determine how much pursuing a lawsuit may cost, but Attorney Sweeney will do his best to help you determine how much it will cost to pursue your matter. Tosa Law Office offers several different options for payment, but usually includes some combination of hourly or flat rate fee with a contingency based on the successful outcome of the case.
4. Decide whether to settle, and for how much:
Once we have determine numbers 2 and 3, we can make a much more educated decision about what our final settlement number should be. A law suit can be a long and drawn out process with lots of risks involved, it is very important to weigh those risks and costs and make a determination if you are going to settle the matter early in the proceedings.
5. Proceed with the suit or settle:
Negotiations are an integral part of every litigation and Attorney Sweeney will do everything he can to obtain a favorable settlement for your case. However, Attorney Sweeney is not afraid to go to court and hash out the issues in front of a Judge or Jury and will not be pushed around during negotiations. It is all about striking a balance between making the smart financial decision and getting the best settlement possible for the client, Attorney Sweeney does his best to walk that line.