Litigation law is extremely complex. It usually involves interviewing numerous witnesses, combing through many records, researching evidence, drafting and reviewing numerous legal forms, and engaging in multiple court proceedings.
However, the litigation process does not have to be exceptionally complicated. In fact, with the help of a competent Pitblado Lawyer, any party can achieve satisfying results.
Example of business litigation law
Sometimes business litigation attorneys are called upon to represent a party who has been injured due to the non-performance of a contract or other agreement. Many times, such cases deal with breach of warranty agreements. For example, automobile manufacturers often enter into warranties with their consumers when the vehicles are initially purchased. Sometimes, these warranties become legally void after the vehicle is used for a certain number of miles. Such warranties can be enforced even if there is a breach of the warranty at the time of purchase.
Tort suits
Another common example of business litigation law overview involves tort suits. There can be many different causes of action for this matter. Some examples include product liability (a failure to provide a product that meets expected quality and performance specifications and damages for non-performance), consumer liabilities (for defect, damages, etc.), and negligence. If a party is injured because of a breach in service, they may be able to obtain monetary damages and legal fees. In many instances, if the breach in service results from a third party’s negligence, the injured party may also be entitled to recover damages from the third party.
Disputes over breaches of express and implied conditions of employment
A business litigation law overview of contract litigation involves disputes over breaches of express and implied conditions of employment. These claims can arise in various contexts, including fraud disputes over the failure to disclose important information, breach of fiduciary duties, misappropriation of another’s intellectual property, and breach of contract. Litigation lawyers deal with these claims on behalf of their clients.
Other areas where litigation attorneys are frequently called upon to handle claims are employment discrimination, sexual harassment, and battery, as well as other malpractice and other workplace concerns.
Civil cases
A litigation lawyer can be helpful not only in personal injury matters but in a variety of other civil cases, including property litigation, commercial litigation, negligence, malpractice, and patent/trademark infringement claims.
In criminal litigation, a civil lawyer is often an integral part of an attorney’s legal team. As such, the lawyer has developed expertise in interpreting the legal language related to crimes, including those involving financial crimes, felonies, and misdemeanors.
Litigation lawyers are also commonly referred to as litigation attorneys, which some attorneys prefer and consider derogatory. Nevertheless, like other legal professionals, litigation lawyers have both professional and personal responsibilities to protect their clients’ rights, pursue the objectives of the law, and perform the important functions required by their clients.
Car accident litigation
One area that the automotive industry regularly finds itself involved in is car accident litigation. This type of legal case is particularly complex and challenging for all involved parties.
It involves various issues, including defective vehicles, dangerous road conditions, inadequate or reckless driving, vehicle damage, property damage, and medical malpractice. Negligence and deliberate misconduct is often the basis for car accident claims.
In addition to seeking damages for injuries, damages for loss of services or work due to the breach of a contract, and other claims related to the car accident, automotive litigation attorneys also represent their clients’ claims against others responsible for the car accident.
Discovery
Discovery is one of the most important aspects of any legal case. Discovery is designed to assist the Trier of fact in obtaining evidence pertinent to the subject matter of the complaint and to determine what, if any, defenses to the complaint exist.
Discovery is also used to resolve disputes between opposing parties and to provide additional information about the parties. Discovery generally occurs in a courtroom but can also be used in law firms, television, or video or audio recordings.
A well-prepared and thorough discovery strategy can help a plaintiff or their attorney acquire the necessary discovery to develop a strong legal case.
Major areas of business litigation law
There are three major areas of business litigation law. The first area focuses on the breach of contracts. Contracts are generally signed when the parties enter into the contract; they include purchase and sale agreements, employment agreements, commercial leases, real estate leases, and more. As the parties understand their responsibilities under the contract, both parties may seek damages for breach of those obligations. Similarly, misstatements and errors occurring outside the scope of the contract are also considered breaches of contracts and can be recovered.
