Defending Against a Civil Lawsuit: A Comprehensive Guide for Businesse
Defending a Civil Lawsuit: What to Do if Your Business Faces Legal ActionReceiving a summons and complaint, signaling that your business is being sued, can be a daunting experience, especially if it's your first encounter with a lawsuit. You might be feeling confused, angry, and unsure about your next steps. However, there's no need to panic. Below, you'll find essential information to guide you through the process of defending a lawsuit. Additionally, we'll shed light on what you can expect as a defendant in a civil suit and address common questions related to civil lawsuits.
Understanding the Deadlines In Your SummonsThe summons and complaint you've received likely mention a 20-day deadline to serve an answer. While consulting an attorney can often extend this deadline, it's crucial to act promptly. Failure to respond to the summons and complaint could result in a default judgment, potentially limiting your ability to assert defenses against the plaintiff's claims.
Deciphering the Terms in the Summons and ComplaintCivil complaints often contain legal jargon that might be unfamiliar to you. Here's a brief guide to some key terms:
Review Your Insurance PoliciesDetermine whether your business is covered by insurance that may apply to the claims in the lawsuit. If you have coverage, notify your insurer promptly. Insurance policies often have specific deadlines for reporting claims. Waiting can jeopardize your coverage. Whether your insurance applies depends on your policy and the nature of the claims. Generally, negligence-based claims are covered, while intentional conduct claims typically are not. Additionally, Employment Practices Liability Insurance (EPLI) may apply to employment-related claims.
Collect and Preserve Relevant DocumentsPreserving relevant documents is essential for several reasons. Failure to do so can result in court sanctions. Plus, your attorney needs these documents to build a strong defense. Relevant documents include correspondence related to the plaintiff or the subject of the lawsuit, agreements, drafts, employment records (in employment cases), and more.
How to Respond to the ComplaintThe most common response to a complaint is to file an answer with the court. This legal document admits or denies the facts alleged in the complaint and outlines affirmative defenses. If you have counterclaims against the plaintiff, your attorney will include them in the answer. In some cases, your lawyer might file a motion to dismiss if the complaint lacks essential facts or falls outside the statute of limitations.
|
We're Here to Help.OR
|
Questions About a Civil Lawsuit?
Our Solutions Roadmap is a quick and easy way to share the details of what you are facing and receive preliminary feedback from a member of our team. Use the button below to get started- it is 100% confidential and 100% free.
Choosing the Right Attorney
If you have insurance coverage, your insurer will often select an attorney for you. However, if you don't, consider the following factors when choosing an attorney:
- Subject Matter Expertise: Ensure the attorney specializes in the relevant area of law. For breach of contract, seek an attorney with business litigation experience; for employment-related cases, opt for an employment law specialist.
- Litigation Experience: Attorneys possess varying skill sets within their areas of expertise. Seek an attorney with substantial litigation experience if your case is heading to court.
- Cost and Value: Discuss potential costs and value with your attorney upfront. They should help you understand potential liabilities, estimate litigation expenses, and explore early settlement options.
How Our Business Attorneys Can Help
Our experienced legal team is here to provide you with expert guidance and support throughout the process of defending a civil lawsuit. From understanding legal terms to formulating strong defenses, we'll work alongside you to protect your business's interests.
You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.