Frequently Asked Questions
Do I have to participate in mediation?
It depends. Some contracts require that disputes are resolved via mediation. If mediation fails, going to court or filing a lawsuit may be an option. It’s always a good idea to seek legal counsel to fully evaluate your options.
When do I need a business litigation lawyer?
Ideally, an attorney reviewed your contracts before you signed them. Ask an attorney for guidance if you’re headed toward mediation or litigation.
What should I do if I am notified that someone is suing me?
Contact us as soon as possible. With lawsuits come deadlines and specific procedures that must be followed. We will advise you on the proper steps, explain the process, and prepare the required documents. You must make sure your rights are protected.
When can I file a lawsuit?
Contact us at the earliest possible time. A statute of limitation sets forth a specific amount of time in which a lawsuit can be filed. If that time expires, in most cases, the lawsuit may no longer be filed, and the claim is lost. Time limits vary depending on the type of case and the jurisdiction (state versus federal) that governs your matter.
What damages can I expect to recover?
It depends. Facts and circumstances vary. In general, a starting point to consider is the cost of repairs and the decline in the value of your home. In addition, damages may include the cost of temporary housing, court costs, and in some instances, attorney’s fees.
Should I perform repairs while the lawsuit is pending and who will pay those costs?
Homeowners are typically expected to mitigate damages and protect the property from sustaining additional damage. A lawsuit can potentially recover those costs. A failure to perform necessary repairs or maintenance can cause additional damage. Similarly, a failure to mitigate damages can allow the opposing side to try and shift blame onto the homeowner.
Property / Real Estate
Ensure all property that is supposed to be included with the home is included on the contract (such as appliances). Inspect all disclosures and any damage or expert reports.
What should I make sure to do when selling a home?
Determine what items or properties are included in the sale of the home. Confirm if there are any claims or liens against your property.
What Are the Different Types of Litigation?
What Are the First Steps in Resolving a Litigation Dispute?
When it comes to legal disputes, litigation may be required.
When it comes to legal disputes, litigation is often the best option. This is a process where a disagreement between two or more parties is resolved in a court of law. It can be a lengthy and expensive process, but with the help of an experienced attorney, it can also be successful.
The first step in any litigation process is to gather evidence and build a case. This involves interviewing witnesses, reviewing documentation, and anything else that can help support your argument. If you decide to pursue litigation, your case will be heard by a judge who will decide based on the evidence presented. If you’re unhappy with the decision, you may be able to appeal the ruling.