Illinois Commercial Litigation FAQs: Part 2

 Posted on December 00, 0000 in Commercial Litigation

Commercial litigation can be a complex area of law and especially confusing in the wake of a lawsuit. It is important to understand your rights as a business owner and the litigation process overall. In the first part of our series, we reviewed a few frequently asked questions (FAQs). Below are some additional matters you should be aware of regarding commercial litigation.

What Should I Do if I Think the Company May Get Sued?

If you have reason to believe that you or your business may be sued, you need to take action to preserve all documents potentially related to the lawsuit. This also includes documents in electronic form such as emails and text messages. Failure to preserve these documents can harm your case and result in severe penalties. You should also speak with a lawyer immediately to develop a plan of action. You should not wait for a lawsuit to be filed before meeting with a lawyer.

If There is a Lawsuit, Who Will Have to Testify?

Lawsuits are filed for a variety of reasons. The majority of cases are settled long before a trial is held. Often the two sides are able to reach negotiated settlement that both sides can live with. However, even if your case never goes to trial, you may still have to give some information under oath in a deposition, or some other discovery process. Lawyers for the other side will likely want to ask questions of everyone in the organization that had dealings with issues at dispute in the lawsuit, especially people who were in decision-making positions.

Are There Alternatives to Going to Court?

There may be alternatives to having a court hear your legal dispute. Alternatives include negotiation, mediation, and arbitration. Under some circumstances, your contract may require that mediation or arbitration be used. There are pros and cons to going through the normal litigation process and to pursuing an alternative dispute resolution strategy. You will need to consult with a lawyer to fully understand what is best for your business under the circumstances. If you need assistance with a commercial litigation lawsuit, contact Lindell & Tessitore, P.C. We can assist you from our offices located in Naperville and Oak Brook.

Call our Illinois commercial litigation lawyers at 630-778-3818 today for an initial consultation. Weekend and evening hours are available by appointment.

Sources: http://www.illinoiscourts.gov/circuitcourt/civiljuryinstructions/700.00.pdf http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=99900000&SeqEnd=103300000