When starting a business, there is always a chance of legal trouble. Business lawsuits are more common than founders believe. A company could get sued for several reasons, such as errors, negligence, breach of contract, employee disputes, product defects or slip & falls.
Whether the claim is true or false, the company’s fault or not, the business will still be liable and have to deal with the lawsuit quickly. However, dealing with lawsuits is a serious matter and must be handled cautiously and with the correct steps.
The proper steps when dealing with business lawsuits can help possibly reduce the negative impact and professionally respond. Hence, the article will highlight the main steps to take when dealing with a business lawsuit.
Steps When Dealing with Business Lawsuits?
Understand Why Business Has Been Sued
The first step is to calmly understand what has happened, who has sued your business and why. The last thing you should do is panic. It is important to understand what went wrong, if it was the business’s fault, and if the company can resolve it without legal action.
A client, customer, shareholder or employee could sue a business. In some cases, the lawsuit from internal staff may be a misunderstanding that can be resolved with communication.
However, when the lawsuit is a serious claim, the business must begin to prepare, even if they believe it may not be their fault or accurate.
Inform Insurance company
Every business should have appropriate liability insurance to protect their company from claims. The liability insurance that covers business lawsuits is professional indemnity, director & officer, product liability and public liability insurance.
Each of these insurance will cover the costs of dealing with unpredictable lawsuits. The insurance will cover the lawyer’s salary, legal fees, medical expenses, compensation and settlement costs.
Hence, it is vital to inform your insurance company as soon as possible about the lawsuit and ensure the case will be covered.
Hire Defence Attorney
It is normal not to understand everything about the business lawsuit and the legal process. The next step is to hire a competent legal representation – a defence attorney. Hiring the right business lawsuit lawyer is key, as they will help you understand the case.
Before hiring a lawyer, ensuring they have experience in the specific field is essential. However, you should partner with a lawyer quickly to limit the damage and avoid making any statements that may affect the business’s reputation.
Discuss The Case With The Attorney
After you have hired the appropriate business lawsuit attorney, it’s time to discuss and break down the case and plan. This is the point you must inform the lawyer all about the company, the case and possible error.
It is crucial to be honest, to get the best advice and help your lawyer with the plan of action. Reviewing the details with the expert will help you know more about the process, impact and legal options.
Gather Evidence
When facing a business lawsuit that was not your fault or miscommunication, you need all the evidence you can get your hands on. The business lawyer can help understand what is required and in what form.
The evidence can include contracts, sales records, product prints, camera footage, emails, statements and more. Every detail may help defend your case, and communicating with your attorney at this point is vital.
Additionally, the evidence may differ depending on the type of lawsuit and the reason for the lawsuit. For example, if a customer claims your product caused them an injury. But if your business believes it is a fraud claim, you will need product details, product designs, product samples and other customer statements.
Decide on Option
After all factors have been studied and the case is clear, it is time to choose a legal route. Such as defending liability in court or paying for compensation and sentiment.
The legal option depends on the case and the evidence found during the process. Choosing the right option for the company’s future and reputation is crucial.
For example, a company should never agree to pay a settlement when they know and have evidence it was not their fault (even if the cost is low). No matter how long the case takes, a company should defend their business.
File a Response
When a firm receives a business lawsuit, there is an issued deadline to submit a response. The deadline period depends on the specific case and country law. A business must send a written response stating admittance or denial of allegation.
The response can also include if your company wants to take the case to court or find an alternative resolution. If a business does not appropriately respond in time, the business will automatically lose and have to follow the court judgment against the business.
Hence, ensuring your business follows these steps and effectively responds to the case is crucial. When a company handles a lawsuit effectively, it will reduce the damage and prevent harm to the business’s future.
Why Insurance Is Vital When Dealing with Business Lawsuits?
Business lawsuits are precisely why having the right insurance is crucial for every business. Any business can be sued due to their products, services, management or employees. In addition, lawsuits are extremely expensive due to the lawyer fees, court costs, compensation and settlement costs.
The right combination of liability insurance will help deal with most possible lawsuits. Insurance will help a business cover the financial stress that follows lawsuits. However, every insurance has a limit to its coverage, depending on the premium and industry.
Also, insurance will not cover criminal activity lawsuits, especially when found guilty. These insurances are not mandatory; businesses must research or contact insurance intermediaries to understand what insurance can help them battle future claims.
To learn more about liability insurance and cover the financial impact of business lawsuits, contact Red Asia Insurance.
