As a business owner, receiving the notice of a lawsuit can give rise to emotions such as anxiety, fear, or anger. Although receiving notice that your business is being sued is unquestionably a stressful time, you can set your company up to be ready for the road ahead.
The three most important actions to take upon receiving a summons (a document which informs the person they are being sued and/or required to appear in court) are to remain calm, then contact your insurance company (if you have applicable insurance) and contact an attorney as soon as possible. There are deadlines to respond to litigation, and any delays can cause severe legal consequences. The attorneys at Connor and Connor have assisted many current and former clients in defending lawsuits and can aid your business in the litigation process. Along with contacting an attorney, it is important to preserve any evidence that is related to the lawsuit. Do your best to save copies of emails, photographs, text messages, documents, phone records and any electronically stored evidence in your possession or control. Disposing or losing evidence can be harmful to your case. Although your emotions will be running high, do not lash out in anger any anyone. Sending angry texts, phone calls, emails or social media posts is not a good idea. Remember, anything you put in writing may eventually be made public. Try to stick to the golden rule.
Unfortunately, Litigation is not a quick process- it can last years as it proceeds through multiple stages. Courts are busy, and it takes time to get through all the preliminary phases of litigation before a case is ready for trial.
Unless the case settles very early on, you are going to have to file a response to the Complaint. Your responsive pleading, sets the tone for the proceedings. An Answer is usually the first responsive pleading you will file, generally admitting or denying the allegations in the Complaint. If there is a legal issue with the Complaint itself, your attorney may choose to file a motion to dismiss all or part of the Complaint. Keep in mind that a response is needed before the deadline (which varies by jurisdiction). If you fail to respond in time, the plaintiff could seek a default judgment against you which could lead to serious consequences such as you owing the money claimed in the Complaint. Hence, it is crucial to address the legal action as soon as you are served.
Settlement discussions are typically a part of the entire process-from the very beginning all the way up until trial. Funny enough, you are even able to settle while the jury is deliberating. Settlement discussions require a nuanced understanding of the law, knowing the ins and outs of the case, and the interests at stake. If you choose not to settle early on, your case will proceed to discovery. Discovery is a period of information gathering, where both sides ask each other for documents, answer written questions, and take depositions. This process provides a way to illuminate both the strengths and weaknesses of each party’s case. This period can last up to several months or longer. If an expert witness is necessary, the parties will retain and disclose experts, during this period. Expert witnesses are costly, but can simplify complex issues for the judge and/or jury.
After the close of discovery, the parties will prepare the case for trial, file any dispositive motions to narrow the issues and work to prepare you to present your case to the judge and/or jury. Again, the parties are free to continue settlement negotiations.
Although every case is different, consulting with a qualified business litigation attorney can be your best hope for a good outcome in a contentious lawsuit. For more information, contact Connor and Connor for a consultation.
Disclaimer: The information provided in the blog post is for educational and informational purposes only. It is not legal advice and should not be interpreted as such. The content of this blog post is based on general principles of law and may not be applicable to your specific situation. Laws and regulations vary by jurisdiction, and it is important to consult with a qualified attorney for advice tailored to your individual needs. Reading this blog does not create an attorney-client relationship between you and our firm. We make no warranties or representations, express or implied, about the accuracy, reliability, or completeness of the information presented. Any reliance you place on the information in the blog post is strictly at your own risk. We are not responsible for any actions taken or decisions made based on the information provided in this blog post. Always seek the advice of licensed attorney before taking any legal action.
Sources:
https://www.barrettlaw.com/blog/litigation/what-to-do-if-your-company-is-sued
https://www.business.com/insurance/lawsuits/
https://www.istockphoto.com/photos/lawsuit
https://www.law.cornell.edu/wex/answer#:~:text=In%20law%2C%20an%20answer%20refers,about%20the%20claims%20of%20wrongdoing.
