Business and Law

Archive for June, 2009

I had originally planned this article as a sort of tongue-in-cheek look at ways that small businesses could ensure that they would find themselves on the wrong end of a business lawsuit. In other words, I was hoping to illustrate some useful points about avoiding business lawsuits by stating the exact opposite of what you should do as a smart business owner. However, the more that I thought about it, the more I came to believe that this topic is too important for levity.

As business owners, you have every incentive to avoid suing others, or suits filed by others against you. You are in business to make money, not to pay lawyers to argue with each other in courtrooms. As I often tell my clients, it is almost always cheaper and easier to prevent a problem than it is to solve one, especially when the solution requires expensive and time-consuming litigation. In that spirit, this is the first in a series of articles intended to help you avoid litigation by committing your business agreements to writing, and the expenses that accompany that process.

The first tip will seem self-evident, but you would be surprised how often it is overlooked. Whenever possible, you should always reduce business agreements to writing. Unfortunately, the days of the “handshake” agreement are long gone, and you need to make sure that you are taking all reasonable steps to document your business agreements. A well-drafted contract should spell out the parties’ obligations under their agreement so that misunderstandings and disagreements, and the business lawsuits they generate, can be avoided.

Cities are typically densely populated with heavy traffic. Because of city traffic there are a large amount of accidents which occur within these types of areas. When an accident happens in a densely populated area it is best to call an attorney who specializes in automobile accident law.

When an accident happens, regardless if there are no damages or injuries attributed to the accident, it is the law that you do not leave the scene of the accident. Instead, you should find a competent auto accident attorney to help you out with this problem. Most likely, your insurance company will contact you within a few days of the incident to get a recorded statement from you. When the insurance company contacts you, you may not know the full extent of damages to your vehicle, and thus there’s a likelihood that you may say something which may make it hard for you to receive a fair settlement from the insurance company. A lawyer familiar with accident law will be a valuable asset to your litigation.

A good accident attorney will look at ways to recoup your medical, physical therapy and psychiatric evaluation fees as well as lost wages due to the accident. Laws for auto accidents are different for each state in the U.S. A qualified auto attorney will provide services on a contingency basis, meaning no fees up front until your case is settled. A free consultation prior to engaging services is another sign of an experienced attorney.