There are many business-related reasons to sue someone. Maybe a competitor has been spreading lies about your products or services. Perhaps a client or vendor has reneged on an agreement. Whatever the reason, you may have to take legal action to be made whole again or to at least mitigate the damages against your company. Business litigation may not be fun, but sometimes you have to know when it’s time to sue another party. The following potential reasons may point you in the right direction, which should be to go directly to your attorney for advice.
Someone Breached a Contract.
In general, contracts contain duties that are meant to be performed. When one party fails to hold up its end of the bargain, the other party may be damaged in some way, usually financially. Parties can be sued for breach of contract, but you should weigh your options with an attorney first.
Someone Is Defaming You or Your Business.
Competitors, journalists, former employees, and even clients may denigrate you or your business. Under Florida defamation laws, slander and libel can be considered torts. Libel can occur when someone writes or publishes a false statement of fact that damage someone else’s reputation. Slander is similar, but it was spoken instead of printed or written. Business litigation may arise because of defamation, although such cases may be difficult to win. Instead of ignoring communications that harm you, discuss them with your attorney to see if anything can be done.
Intellectual Property Infringement Has Occurred.
Patents, trademarks, and copyrights may be a treasured part of your business. Intellectual property infringement can occur:
- when someone uses your intellectual property without permission, or
- when someone creates something so similar that consumers will be confused.
Not only does this type of infringement violate your rights, but it can also take money from your business. You can warn people to stop, but it may be time to sue when they refuse.
Attempts at Resolution Have Failed.
Sometimes the parties to a legal disagreement may try to avoid filing a lawsuit by using alternative dispute resolution methods like negotiation, arbitration, or mediation. However, you may reach an impasse. When parties are unable to negotiate a settlement, this may be the time to sue.
You’ve Almost Run Out of Time to Sue.
Florida state law provides deadlines called statutes of limitations. If you try to file a lawsuit after the statute of limitations that applies to your case has run out, the court probably will refuse to accept your case. For this reason alone, it is imperative that you talk to your business attorney as soon as a legal disagreement arises. It’s not always easy to tell when the clock started ticking.
Call Us Before It’s Time to Sue
Business litigation sometimes is necessary. However, some cases can be settled before entering into a lawsuit that pulls you away from your business.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.