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When should a business pursue litigation?

On Behalf of Hantzes & Associates | Apr 25, 2023 | Business Litigation |

It is not easy to keep everyone happy in a business. Disputes such as breach of contract, partnership disputes, shareholder disputes, breach of fiduciary duty and fraud are only some of the most common reasons businesses pursue litigation. A business litigation lawsuit can cost a fortune and take years to settle, but it can also be a more favorable option to tackle the dispute. You should consider these questions before pursuing action in court.

Is the lawsuit worth pursuing?

A minor breach of contract may not be worth the expenditures of a lawsuit. As a business owner, you should conduct a cost-benefit analysis. Compare the potential outcome of bringing an action against the costs you will incur because of bringing that action. If your losses were already substantial and the liable party refuses to take accountability, you have all the right to pursue a lawsuit.

Did you try other methods of resolution?

You should build mutually beneficial relationships in any business to receive valuable deals and financially rewarding opportunities. You also want to keep them solid and intact unless you find a reason to decimate ties. Virginia offers alternative dispute resolution methods to allow parties to resolve their disputes without court intervention. Litigation can damage business relations, so ask yourself if the relationship is worth preserving even after the dispute.

Are you okay with the details of the dispute going public?

Courtroom proceedings are open to the public. Carefully consider the details of the dispute and if you are willing to expose them. If you have the favorable evidence to build your case and a solid strategy in place, then litigation may be your most cost-effective and result-driven option.

It is rare for businesses to succeed without any disagreements manifesting. In litigation, you have the weight of the law behind the decisions of the court. You will also have the potential to appeal your case if you are initially unsuccessful. It may seem intimidating at first, but litigation sets a precedent that can prevent other similar disputes from arising in the future.

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