What to Do When Your Business Has Been Served With a Lawsuit?

 Posted on September 05, 2023 in Uncategorized

By Christopher L. Strohbehn

Email:   cstrohbehn@mallerysc.com

Phone:   414-727-6291

When another party serves your business with a lawsuit, it can be a stressful and overwhelming experience. However, it is essential to remain calm and take immediate action to protect your business’s financial interests. Here are the key steps your business should consider taking if you find yourself in this situation in Wisconsin:

Contact an Experienced Milwaukee Business or Civil Litigation Attorney:

• The first and most crucial step is to consult with an experienced Wisconsin business or civil litigation attorney. Our team at Mallery, sc., is here to provide you with expert guidance throughout the legal process. Not only should you contact an attorney, but you should do so quickly. Depending on the type of summons and complaint your business has received, you may have either 20 days or 45 days to respond in Wisconsin circuit court.

Review the Lawsuit Carefully:

• Carefully review the lawsuit and discuss its contents with your attorney. Understanding the claims made against you or your business is vital to assisting in formulating a defense strategy, and whether any viable motions exist to dismiss the claims.

Preserve All Relevant Documents:

• Ensure that all relevant documents, emails, contracts, and records related to the lawsuit are preserved. This is crucial to support your defense and avoid any potential spoliation of evidence claims.

Work With Your Attorney to Develop a Defense Strategy:

• Work closely with your attorney to develop a strong defense strategy tailored to your specific case. Depending on how the facts develop, this may change over time. You will also want to discuss whether your business has any viable counterclaims or crossclaims against other parties. You should not rule out any options early in the case.

Communicate with Your Attorney:

• Maintain open and frequent communication with your attorney. They can provide guidance on what to say and what not to say during the litigation process to protect your interests.

Explore Settlement Options:

• Depending on the circumstances, it may be beneficial to explore settlement options. Your attorney can negotiate on your behalf to reach a favorable resolution if it is in your best interest.

Prepare for Protracted Litigation:

• If a settlement cannot be reached, be prepared for litigation. Your attorney will guide you through the court procedures, filings, and court appearances. Sometimes you must litigate to prepare to settle.

Insurance Coverage Assessment:

• Collect your personal or business insurance policies to determine if they provide coverage for the claims made in the lawsuit. Make sure to communicate with your attorney in this respect. Your business or civil litigation attorney can help you assess and navigate potential insurance coverage issues.

Maintain Business Continuity:

• While dealing with the lawsuit, it is essential to maintain your business operations as smoothly as possible. Your attorney can help you strike a balance between legal matters and business responsibilities. Often times, this may require your litigation attorney working with your business attorney as well.

Stay Informed and Updated:

• Your attorney will keep you informed about the progress of your case and any significant developments. Be sure to ask questions and stay engaged in the process.

Do not let a lawsuit disrupt your business. Contact us at Mallery, s.c. for experienced legal representation and guidance.

Our litigation team at Mallery s.c., practices not only in the City of Milwaukee, but also throughout the State of Wisconsin, including Madison, Green Bay, Kenosha and Appleton areas.