A commercial litigation can be a complex process, far more complicated than a civil litigation between two people. That is because the laws governing the operation of a business are far more complicated than those governing the personal interaction between individuals. Aside from the increased complexity of commercial and business litigation, another difference between the two is that the latter is generally far more expensive and takes a longer time to resolve than civil litigation.
There are some similarities between civil and commercial litigation and one of them is that an experienced attorney is necessary if the party that was wronged wants to be successful in their case. A business litigation lawyer is a necessity in cases of commercial litigation because they will be able to understand the complexities of the case and give the plaintiff the best chance of a successful outcome. If you live in Florida and have a business litigation case, then contact Orlando business lawyer Parikh to get the help you need.
The Stages of Commercial Litigation
A commercial litigation case follows many of the same steps as a civil litigation case, the main difference is that many of the stages may take a longer time to complete because of the complexities involved in the case. Additionally, there may be many more twists and turns along the way that could make the commercial litigation case more complicated. Once there is some sort of commercial dispute, each party must take the following steps:
Hire an Attorney - This is vital because an attorney can help with all of the subsequent steps and provide a much greater chance of victory.
Conduct Investigations - You, or specifically, your attorney needs to conduct an investigation to get all the facts involved in the commercial litigation. That way they can present a strong case and give you a better chance of winning.
Research the Applicable Laws - There are many different types of commercial litigation, each of which has different laws that apply to it. Your attorney will conduct diligent research to take a deeper dive into the relevant laws and how they apply to your case. This is done to make sure that all the bases are covered and that there are no loopholes that can be slipped through by the defendant.
Sending a Demand Letter - As in civil litigation, a demand letter is a letter sent by the plaintiff to the defendant that shows how much compensation the plaintiff is demanding for the damages caused by the defendant.
Settlement Negotiations - Once the demand letter has been sent and received, both parties will try to reach a resolution before the case goes to trial. They will try to reach a settlement agreement that will satisfy both parties.
Filing a Lawsuit - If an agreeable settlement cannot be reached, then a lawsuit will be filed. That means each party and their attorneys will prepare their cases. They will conduct their respective discovery and practice their motions before the case goes to trial.
The Trial - Once both parties have done the necessary preparations, the case will be taken before a judge and jury who will decide the fate of the involved parties. If the party who is defeated is unsatisfied with the outcome, then they can file an appeal.
Types of Commercial Litigation
There are quite a few different kinds of commercial litigation cases that a business may encounter while it is active. Some of them include the following:
Breach of contract
Real estate litigation
Contact an Attorney If You Are Involved in a Commercial Litigation
Commercial litigation can be a lengthy, complex, and expensive process, which is why you need a lawyer to guide you through it. You do not want to enter into such an exhaustive process without a good chance of it ending up in your favor. A business litigation lawyer will give you the best chance of success if you get involved in any kind of business dispute. Such a dispute could spell the end of your business if you are not successful, so contact an attorney to prevent that from happening.