Don’t make the mistake of immediately contacting the complainant or his lawyer to explain that lawsuit is pointless or the matter was not your mistake. It can harm your case and convince the other party that you’re vulnerable. If you get sued and you have, you should contact your insurance provider as soon as possible to inform them of the lawsuit. However, keep in mind that their priority is to protect the company. Some insurance provide throw their client under the bus to avoid paying out large sums of cash.
Your next step is to hire your own lawyer. Find someone who understands the pitfalls of a lawsuit and has been tested in past court battles. Your lawyer should also understand the possible strategies of the complainant’s lawyer. The winner in most lawsuits is the person whose explanation of facts makes the most logical sense, not the one who has the truths on his side. The best lawyers tell sympathetic, believable and simple stories.
Collecting information is also important. Don’t destroy any piece of information that could be related to the case such as accounting records, notes, emails, notes or memos. Review the information to make sure that remember the facts and the surrounding events, which led complainant to file a lawsuit. Only talk about the case and any information about it with your lawyer. He will advise you on what information to gather and what may be safely destroyed and how to proceed. They will be
Whatever you do, remain calm. You will be asked for all kinds all types of c lawsuit. During depositions, you and any witnesses for your side will recall the facts and surrounding events related to the event. You might be asked intimate details about your lives, relationships and businesses. Don’t talk too much or try to justify your actions or volunteer details during deposition as the complainant’s lawyer can use it against you. Trust your lawyer. He will object to giving information that is not relevant to the lawsuit. Your lawyer will also intervene during depositions when things get heated or go too far.
You should be realistic as well. Less than five percent of lawsuits end with a judge’s or jury’s decision. Most lawsuits are settled along the way. Be realistic about your position and weigh the personal and financial costs of continuing the lawsuit. Consider whether you are likely to get a better result than the settlement offer then make your decision.
Lawsuits can take years, so you need to be patient. Time is usually on the defendant’s side. The complainant has to spent money and effort without any guarantee that it can be recovered. Your lawyer knows this and will take advantage of this.
Take steps to reduce the possibility of future lawsuits and the financial problems they might cause you. For instance, you should review your personal and business practices to determine actions or areas that might subject you to future legal actions. You can also transfer your assets to a family trust. These assets should not be used as collateral for your loan or be included in your financial statements.
Lawsuits can be overwhelming and it’s a nasty affair. You will suffer emotionally and financially. However, it doesn’t mean that you can’t take measures to protect yourself and your family from its consequences. Fix the damage and move on.
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