Many businesses have never had cause to engage a legal professional to defend them. But there are plenty who need a defense attorney if their company was sued.
Should the time come, you want a law firm that is experienced in business law, especially when it comes to insurance claims.
Reasons for Hiring a Defense Attorney
You might need assistance from civil lawsuit defense lawyers for businesses in several circumstances. For example, you might find yourself on the wrong side of a civil lawsuit and need a strong litigator to either get the charges dropped or negotiate a favorable settlement out of court.
Evaluate Personal Injury Claims & Litigation Costs
A labor defense attorney for a company starts by evaluating injury claims. This determines the extent of liability. It looks at the injured person’s functioning before the alleged event which is weighed against functioning after.
Functioning before the event determines pre-existing injuries or conditions that influence the degree of harm—while functioning after the event determines if the reaction to the event was reasonable. For example, a claim for a workplace injury, such as a broken arm after slipping on spilled oil, would be reasonable. A claim for a shoulder injury after being burned by hot coffee isn’t.
This is when the degree of pain is determined, should the levels apply. Excruciating pain increases the injury claim, but damages for a low level of one might not be as high.
The evaluation also determines if the injury will affect their future. For example, a shoulder injury is unlikely to permanently impede a desk job. However, a broken arm could affect future employment if the plaintiff has a physically demanding job.
Litigation costs are another element of the settlement process that comes into play. Some costs are standard, while others depend on the depth of the case.
Standard Fees Include:
- Filing fees from the court
- Copying costs or duplicate documents
- Deposition and court reporter costs
Additional Fees Include:
- Expert fees
- Witness fees
- Miscellaneous expenses
Handle Insurance Companies & Coverage Issues
It’s important that your defense lawyer has experience in insurance cases, especially when they go to trial. Insurance law can be complicated for someone who doesn’t specialize in the field. A business law defense attorney for companies will always try to settle out of court.
In fact, over 90% of civil suits against insurance companies are settled before trial, according to a report from the United Policyholders (UP). It’s in everyone’s best interest to wrap up the case as quickly, and cheaply as possible because going to court raises expenses considerably.
Your Californian employer defense attorney strives to get you the most favorable settlement for the coverage amount. Your attorney will represent you in court if the settlement terms are unfavorable.
Ensure Fair Settlement or Verdict
While negotiating a settlement out of court tends to be the best option, it’s not always so. There are cases where a trial is the best way to win fair compensation.
One of the greatest benefits of settlement is that the amount is known. There is more uncertainty with a trial. For example, the judge could award a much lower amount or even dismiss the case altogether. On the other hand, the judge could award damages greater than the amount claimed.
Experienced Representation & Knowledge of Laws
Insurance law is a large field that encompasses aspects of business law and personal injury law. Attorneys can choose to specialize in either one or both types of insurance law.
Given the degree of specialization required, you want to hire a commercial litigation lawyer with experience in out-of-court settlements and trials.
Trial experience is significant because not all cases can be settled out of court. A lawyer with an impeccable record for negotiation and settlements may still feel out of depth in court, but a litigation defense attorney for a sued company that has a good reputation for settlements and trials is invaluable.
Factors that Affect the Timeframe for an Insurance Claim
It’s impossible to estimate how long negotiations or a trial will take. There are too many factors at play. Some huge factors include the complexity of the case, the demand, and state laws.
The Complexity of the Claim
Generally, the more complex the claim the longer it takes. This is because a lot of information needs to be gathered, sifted, and collated. For example, it’s necessary to determine the immediacy of the claim and gather information related to the claim.
It’s also important to analyze the extent of the damage and the effect of the damage. Finally, it’s time to present the case at settlement negotiations or court.
The Demand of the Claim
In legal terms, the demand of the claim refers to a written demand that seeks redress through the payment of a sum of money as per the claimant’s rights. A demand is a direct written communication of a claim; for example:
“Dear Insurance A, your client B caused harm to our client C during the course of employment. As per law, C is entitled to a sum of $150,000. Pay the amount directly into C’s account and C will release B of all liability. Kind regards, Company D.”
The insurer and client discuss the demand and decide whether it is worth settling, and this can take time.
The State Laws
Each state regulates its insurance laws, including insurer solvency, regulating insurance rates, licensing, and providing consumer service support. Commercial insurance is especially highly regulated, requiring the services of an employment litigation defense attorney for a company.
Should You Get Your Own Defense Attorney for Claim Settlement?
LibertyBell Law Group has a highly experienced business law defense attorney for a company. We provide a personalized service that always puts you first, so you can spare your business financial trauma and ensure your reputation remains intact.
One thing that sets LibertyBell Law Group apart is our 24-hour customer service. We’re available to answer your questions no matter the time—day or night. We keep lines of communication open so you always know how your case is progressing.
If you don’t know what to do if your company is being sued, engage a defense lawyer now, rather than when a case arises. For sound legal advice, fill out our online form or call us at 866-320-4854 at LibertyBell Law Group today!