Litigation Attorney Melbourne, FL

Sometimes lawsuits are unavoidable, and hiring a litigation attorney in Melbourne, Florida becomes necessary. Whether you are an individual or a company representative, litigation of any kind can be financially devastating. It can also irreparably harm one’s professional as well as personal reputation. It’s important to have a litigation attorney by your side who is experienced and skilled in handling a range of legal issues. Arcadier, Biggie & Wood, PLLC represents companies and individuals who are defending themselves in a lawsuit or who are seeking justice from another party. If you are currently involved in litigation, or are anticipating that you will be, contact our Melbourne, FL litigation attorney. We offer a free consultation during which you can provide details about your circumstances. What legal services does a business litigation attorney provide? A business litigation attorney in Melbourne, FL offers a wide range of legal services to companies of all sizes. Company decision makers often face difficult challenges, including disputes and litigation matters involving other companies, employees, clients, or a government entity. Our business litigation attorneys focus on this complex area of the law, representing a wide range of industries and clients. Whether your company is a member of the Fortune 100 or it is a sole proprietorship, contact us to learn how we can help resolve your issue. We offer our clients a significant degree of experience in trial litigation and arbitration, with many years of experience handling business litigation cases. If your company is in a dispute with another company or an individual, or you anticipate this scenario unfolding, contact our business litigation attorney to learn how we can protect and advance your firm’s best interests. Here are just some of the business litigation matters that our attorneys can handle for clients across a wide range of industries:

•       Business tort law issues
•       Partnership disputes
•       Breach of fiduciary duty or breach of contract matters
•       Commercial business disputes and litigation
•       Corporate transaction matters
•       Arbitration between companies, between the company and an individual (including clients or employees), or multi-party disputes
•       Private deal or post-closing disputes
•       Bankruptcy adversary proceedings
•       Corporate formation, including initiation requirements, for general partnerships, sole proprietorships, S corporations, C corporations, limited liability partnerships, limited liability companies, and limited partnerships
•       Bad faith litigation
•       Insurance disputes
•       Trade secret and restrictive covenant litigation
•       Cybersecurity and privacy breach risk and representation
•       Regulatory litigation and investigation representation
•       Legal guidance to companies of all sizes

 Understanding Business Formation Options  One of the most important choices a business can make to proactively avoid litigation (when possible) involves choosing the best business formation option for their model. Too often, the ways in which a business entity is structured leads to legal problems that could have been prevented had a different formation option been chosen at the start. This is one of the many reasons why it’s so important to check in with an experienced Melbourne, FL litigation lawyer, whether you’re founding a company or are already running an established enterprise. Yes, you’ll want to speak with our team if you’re being sued or if you need to sue another party. But your company can also benefit from proactive guidance, regardless of where your company is in its “life cycle.” Choosing the Right Formation Option for Your Business If you are in the process of founding a new business or non-profit organization, the experienced Florida legal team at The Law Offices of Arcadier, Biggie & Wood can help you to select the business formation option that best fits your company’s needs. This decision will impact the ways in which your business is run, from taxation structures to litigation liability shields… it is therefore critical that you receive informed guidance about your business formation options before you legally declare your company’s existence. There are four primary legal structures that you can choose from when forming a company. There are sub-classifications that we can discuss, as one of these options may fit your needs best. However, generally speaking, you’re looking at four primary options for your company’s structure: sole proprietorships, partnerships, limited liability companies, and corporations. Each has its advantages and disadvantages, which should be carefully evaluated with the assistance of a Melbourne, FL litigation lawyer. Sole proprietorships and partnerships are similar in many ways, although sole proprietorships have a single owner and partnerships have multiple owners. Each of these structures features flexible management hierarchies and benefits from minimal reporting requirements. However, these structures also do not benefit from a strong liability shield. If you are an owner of a partnership or a sole proprietorship and your business is sued, incurs losses, or becomes subject to fines and penalties, your personal assets could remain at risk of being compromised by creditors and collectors. By contrast, limited liability companies have stricter reporting and managerial requirements, but their liability shield is stronger. Corporations have the strictest managerial and reporting requirements and the strongest liability shields. No single business formation option is right for every company. By exploring how your unique vision and business model will be affected by your formation options, our firm can help you find the best possible fit. Does your business litigation attorney provide alternative dispute resolution? Whenever possible, our business litigation attorney provides clients with solutions that reduce their risk while allowing them to avoid lengthy and costly trial litigation. We are also aware of the potential costs associated with negative publicity. Litigation solutions that involve alternative dispute resolution options such as arbitration and mediation can be far more effective and less cost-prohibitive than a trial. Our business litigation attorney Melbourne, FL residents trust has significant experience in these methods and when appropriate, may make insightful recommendations to our clients along these lines. When unavoidable, we take our skills and resources to the courtroom and as such, have an impressive track record winning court cases. Does your business litigation attorney assist with forming legal entities? Our business litigation attorney assists individuals and companies with the formation of new legal entities, as well as modifications to existing ones. Our seasoned legal team provides our clients with sage advice and insightful consultation on business risks as well as potential tax obligations and savings and other matters when choosing a corporate structure. Defending Against Litigation If a company or private party has filed a lawsuit against you or your company, time is of the essence to engage a litigation attorney to review the legal documents and prepare a response on your behalf. A lack of response on your part can be construed as an agreement to the other party’s complaint. When you work with our litigation attorney, you may be able to resolve the issue without having to go to court. Contact an experienced Melbourne, FL litigation attorney today to learn how we might help you defend against a lawsuit, or the threat of a lawsuit. A proactive response is oftentimes the most effective approach. Filing a Lawsuit If you or your company has been damaged by another party due to their negligence or carelessness, you have the legal right to pursue compensation for those damages. After a review of your circumstances, our litigation attorney can help you determine the best course of action. In some cases, it may be more appropriate to file a damage claim with the at-fault party, or with their insurance carrier. With the help of a litigation attorney from our firm, filing a damage claim can result in the recovery of damages while avoiding a court case which can be time-consuming and costly. A court case also does not guarantee that the outcome will result in receiving a financial award. Whenever possible, our Melbourne, FL litigation attorney works to secure a settlement rather than try the case before a judge and jury. Common Litigation Issues Damages can take many forms. When a party breaches their “duty of care” to another party and as a result, the victim is harmed in a measurable way, the at-fault party can be held legally and financially responsible. Understanding this legal process can be tricky in some cases, as the laws may vary from one jurisdiction to the next, or be applied differently depending on who is involved. For instance, government agencies are not necessarily held to the same standard as private individuals. It’s important to have your case reviewed by our litigation attorney in the Melbourne, FL area to have a clear understanding of your legal options. Here are some of the most common litigation issues that can benefit from the insight of a litigation attorney from our firm:

•       Premises liability (such as when a slip and fall accident results in a serious injury)
•       Libel, slander, defamation
•       Personal injury (such as a car accident)
•       Assault or wrongful death

Frequently Asked Questions About Business Litigation What can I do when there is a dispute with another business? When you are in a contract with another business and a dispute arises, one of the first things we recommend to our clients is meeting with the other party to discuss the services and products within the contract, the promise that you both have made, and how the deal went sour. In many cases, one party may have failed entirely to pay the other party for their goods or services. Or, it is possible that the product delivered was not the product promised. Having a Melbourne, FL litigation attorney on your side during this time can help to come to some kind of resolution quicker. Are there common misconceptions about business litigation? Absolutely. One of the biggest misconceptions that comes out of business litigation is that one side is the clear winner and the “winnings” from the case pay for all legal costs as well as cover the initial problem there was with a contract. When it comes to business litigation, we advise our clients to make sure this is what they want and present them with different options. While we never guarantee a “win,” it can still cost clients greatly to win, including losing out on the initial contract and services in the contract in the first place. Additionally, business litigation, no matter which side you are on, can take a great toll on you physically, emotionally, and financially.  How can I prepare before I meet with my Melbourne business litigation attorney? Before you ever met with your attorney, it is crucial that you know your contract and can accurately create a timeline of the events in question. We will want to know the details of any contract you entered into, amendments, and all the conversations you have had with the other party. By creating this type of timeline, we can establish who was in the wrong regarding breaking the contract.  Do I need a business litigation attorney?  You are not required to have a business litigation attorney, but business litigation attorneys have had experience in different types of business litigation and can offer you legal advice and represent you when you have a business you need to keep running. We know what to look for when it comes to contract terms and what may make a contract invalid. We can also help you determine if going through the negotiation process is the easiest and best resolution to your contract dispute. What does a litigation attorney in Melbourne, FL handle? There is typically a process when it comes to litigation, and below you will see the steps we go through to ensure we have covered everything so we are best prepared for your case.

• The Assessment. If you are hoping to file a lawsuit, we can conduct an initial assessment to determine if you have a substantial case for a lawsuit. During the initial assessment phase, we may interview our client, locate witnesses and interview them, and investigate various leads. At this phase, we may even attempt to dissolve a lawsuit before it happens by coming up with a pre-litigation settlement.

• Drafting and Filing Pleadings. If you are the plaintiff in the lawsuit, a litigation attorney Melbourne, FL residents rely on will draft and file a summons to initiate the actual lawsuit process. In other cases, a litigation attorney may file different motions before the trial even begins to change the trial’s location or even dismiss evidence.

• Discovery. During the discovery process in a lawsuit, your litigation attorney will exchange any relevant information with the other party. This could include requesting the other party’s documents, examining physical evidence, and even drafting questions that the other party in your lawsuit is obliged to answer.

• Trial. When a case goes to trial, your Florida litigation attorney will be extremely busy conducting presentations before a judge and preparing for court. During this time, they will also be talking with experts who can strengthen your case and prepare witnesses for giving their testimonies. The litigator will also be a part of selecting the jury for your trial. Finally, your litigation attorney will make opening and closing statement and will cross-examine witnesses during the trial.

• A Settlement. A settlement is not always likely, but when your litigation attorney successfully negotiates with the other party to this lawsuit, it is possible to avoid trial altogether.

• The Appeals Process. The final step a Melbourne litigation attorney can go through is the appeals process. If new evidence could change the direction of a trial when it does not go well, your litigation attorney can present that evidence to the court to appeal.

Find a Melbourne, FL Litigation Attorney from Arcadier, Biggie & Wood, PLLC Today! Having a litigation attorney on your side before issues ever crop up can be incredibly important when it comes to ensuring you are well-prepared for any lawsuit. If you would like more information on when to hire a Melbourne, FL litigation attorney or if you would like to speak with a litigation attorney from Arcadier, Biggie & Wood, PLLC, call our office! We care about our clients’ businesses and want to help you when it comes to your business litigation needs.  If you or your company is facing impending legal action, contact Arcadier, Biggie & Wood, PLLC to request a free and confidential consultation with a litigation attorney in the Melbourne, FL area who can provide you with the guidance you need.