13 Jan Insurance Companies and Litigation
Small businesses tend to get taken advantage of when it comes to insurance claims. Far too often insurance companies do not place a fair value on a claim or even refuse to pay the claim to which the business is entitled. This usually happens to small businesses (and individuals) that may not fight back. Business litigation attorneys assist businesses with the recovery of the value through negotiation litigation. Often, lawyers can succeed in negotiating with insurance company lawyers to achieve better results than the policyholders can reach with claims adjusters.
Business litigation is one of those areas of the law that truly is a last resort type of practice. Most people who run a business or interact with one seek an attorney for litigation when they believe that all other measures to resolve an issue have been taken.
Typically, however, an attorney will still attempt to engage and settle rather than litigate. Even when previous settlement negotiations broke down and you’ve parted ways with that attorney, your new attorney may suggest or recommend another round of negotiations because being able to settle out of court costs less for all parties, and usually ends with a resolution that everyone can live with. However, when all hope for an equitable settlement is gone, a business litigation attorney can file a petition with your local courts on your behalf.
These are some of the main areas of litigation:
- Contract Disputes
- Fiduciary Duties Violations
- Partnership Disputes
- Neglect by Investment Advisors
- Conflicts of Interest
- Director/Office Malfeasance
Law firms help handle these types of claims for businesses who are stuck in negotiations and cannot proceed without help. If the case could be solved with a lawsuit, it qualifies as litigation. Even in small disputes, can be helped with an experienced litigator and give you the upper hand. If you have been sued, or if you need to enforce your legal rights, hire a lawyer.
Because this area of the law comes with risks, you will need to find an attorney who not only has a great deal of experience in the process but also who has a track record of successful outcomes in the courtroom. Not all attorneys are good in a court setting, so it’s really something you will need to ask him or her about and feel comfortable with the attorney’s record and profile before moving forward into litigation.
Being in Court is about far more than presenting a case and hoping for the best. Judges can be unpredictable and a lawyer should know how to listen, not just talk. Each judge has a style, and each court has a culture. They key is finding a good litigator who can succeed no matter what.