Legal Blogs

Should Your Company File a Lawsuit?

If your company has been wronged or damaged in some way, consulting with an Orange County business litigation attorney is important. You will need to make a determination regarding how to respond to the wrongdoing that has caused harm to your business organization. Making a decision on the best course of action can be complicated and the stakes are high because your business could experience substantial loss if the wrong choice is made.  Should Your Company File a Lawsuit?

Brown & Charbonneau, LLP can help you to ensure that your business takes the best possible approach to responding when something has gone wrong and you have been harmed in some way. We can provide you with advice on whether you should sue or whether exploring alternative remedies could be a better course of action. You should give us a call as soon as your business has been damaged by the conduct of others so you can get the advice you need from an Orange County business litigation attorney about the best way to protect your legal interests.

Should Your Company File a Lawsuit?

Making the decision to file a lawsuit after you have been wronged is a big decision because there are both pros and cons to pursuing a legal case. Some of the things that you will want to consider include the following:

  • Are you bound by an arbitration clause? Many contracts today include arbitration clauses. If you are involved in a dispute with someone pursuant to a contract and there is an arbitration clause in place, your company will not be able to use the court system to pursue a remedy. Instead, the case is going to have to be resolved in arbitration. It is rare for courts to choose not to uphold an arbitration clause, so it is likely a waste of your time to sue in most circumstances where there is an arbitration clause in place. Instead, you should talk with an experienced attorney about pursuing arbitration to get a resolution to your dispute.
  • What potential remedies are available to you? You only want to file a lawsuit if you could feasibly obtain a remedy by going to court. If someone breached a contract but you did not actually experience any damages because of it, it likely would not be worth suing because you can only be awarded compensation for actual damages in breach of contract claims. It does not do you any good to go through the stress and costs associated with a trial if you cannot be compensated in any way even if you win.
  • What is the potential risk of not pursuing a claim. In some cases, the losses could be substantial if you do not assert your legal rights. For example, if a former employee is disclosing trade secrets regarding key processes that give your company its competitive advantage, the loss could be immeasurable. You would want to go to court right away to try to get an injunction by proving irreparable harm. If the court grants the injunction, the former employee could be prevented from continuing the damaging behavior.
  • What is the potential risk of suing? Filing a civil lawsuit can be expensive. In some cases, it could also damage your brand and cause you to take focus away from operations. If the loss you experienced is a small one and the damage to your brand from suing could be substantial, it may not be worth pursuing a claim.
  • What is the likelihood you will  prevail? If you file a lawsuit, the burden of proof is typically on you to show that you were wrong and to prove your damages.

There may also be other things to consider specific to your situation, which is why it is so important to talk with an Orange County business litigation attorney to decide what to do.

Getting Help from an Orange County Business Litigation Attorney

If you are not certain whether you should file a lawsuit or pursue other legal action after a problem has arisen with your business organization, it is important to get proper legal advice from a knowledgeable Orange County business litigation attorney who can provide the help you need to make the right choice. An attorney can advise you on whether filing a lawsuit makes sense and can help you with the logistics of the legal process. The sooner you involve an attorney, the better, as your lawyer can help you to preserve your options to act and to obtain the evidence you will need to maximize your chances of obtaining a legal remedy.

To find out more about how Brown & Charbonneau, LLP can provide you with help after your company has been wronged, give us a call at (866)237-8129 or contact us online today to speak with a knowledgeable and experienced member of our legal team.