Business

An Entrepreneurs' Guide To Avoiding Business Litigation

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Business

An Entrepreneurs' Guide To Avoiding Business Litigation

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Starting a small business is an exciting way to invest your money while building an operation that's all your own, which is why entrepreneurship is so attractive to many people, even people who don't think much about investment in the more detached sense. Being able to watch a company build itself up and nurturing it along the way gives you something tangible that you can watch develop around you, and you can't say that about many other forms of investment.

Learning to be the business leader your company needs means understanding new concepts like risk management, and to address them. One risk many new companies find themselves scrambling to prepare for is the possibility of litigation. Lawsuits against small businesses are fairly common, but the risk can be minimized with the right legal advice and preparation.

How Businesses Wind Up in Litigation

One of the biggest sources of litigation for small companies is a minority shareholder. Whether it's because they are unsatisfied with business performance or because they feel their voices are unheard by majority partners, many disgruntled minor partners take up litigation to resolve disputes. Often, the issue could have been prevented with the right buy-sell provision in the partnership agreement. Such a provision would allow the company to simply buy out unhappy minor partners without litigation.

Another common source of lawsuits against businesses? Customers. There are a variety of reasons your own customers could wind up launching a suit. For companies with facilities open to the public, injuries and accidents on site are a very common source of litigation. So are suits from customers injured by a product or negligent workmanship. These events can be hard to prevent because they are by nature accidents, but the right insurance and settlement process can prevent them from becoming a legal burden for years while a suit is settled.

Finally, many companies wind up in disputes with their own employees from time to time after they learn the process of taking someone to court in Florida (and in other states) to resolve their problems. In those cases, litigation often revolves around the employee's access to benefits or the way those benefits are managed. Workplace accidents also sometimes result in litigation with employees, as can complaints like sexual harassment or hiring practices discrimination. In many of these cases, better processes for the business could have prevented the issue.

Planning for Costly Liabilities

One of the most important tools for risk management is your business insurance. Make sure you're protected from the risks that commonly lead to litigation in your industry and you can count on having the resources you need when issues do arise. The right insurance plan doesn't just pay when you're liable, it also provides you with financial resources to cover legal costs when you are not. If you're looking to fund a defensive court case, the right coverage can be the difference between having the funds to do so and having to raise capital just to address legal issues.

Avoiding the cost of court by avoiding litigation can save you and your insurer a lot of money, though. That's why a fully realized risk management plan will not only have insurance to help with expenses if a lawsuit is brought against the business, it will also have provisions for legal help, so you can avoid business litigation in Dallas if at all possible.

Avoiding Litigation Through Negotiation

Negotiating an affordable settlement that keeps your costs contained by insurance is one of the more popular ways to keep a business from being tied up in a lawsuit that takes time and resources from other projects. Often, the right negotiation can halt the process and let both parties move on. The key is finding legal help with the experience to know when it's going to be more cost-effective to settle or to fight, and that means finding experienced legal help that focuses on cases against small businesses like yours.

Avoiding Lawsuits Through Preparation

Another, less easily quantifiable, way to cut down on litigation is to address areas where your business could be exposed to liability. A good lawyer can help you assess policies like your company's sexual harassment and other employee conduct protocols to minimize the chances that a hostile work environment or other actionable environment is cultivated in any department. Legal assistance can also help you with partnership agreements that provide easy dispute resolution provisions to avoid litigation, including a buy-sell provision if partners should seek to separate from the business.

Lawyers can also assist with other forms of awareness and preparation to cut down risks. Auditing your agreements with third parties who manage employee benefits is one great example. Checking out your employee safety protocols and compliance with OSHA guidelines is another. The idea is simple, really. When you have a lawyer onboard for important decisions about your company's policies and growth, you get the benefit of their insights into how you can minimize your exposure to lawsuits. The incidents that never happen never wind up becoming insurance claims, after all.

Finding Accessible Legal Help for Small Companies in Texas

Most small businesses can't afford legal help full time, and the ones that do frequently accomplish it by having a partner with experience. Full-time corporate counsel is expensive, after all. Affordable help with specific issues can be quite affordable, though, especially when you consider the alternatives.

If your company is looking to manage risks actively without a full-time lawyer, the key is to know when you need to bring in help with a contract or an audit to keep your corporate best practices on a track that helps minimize litigation. That also means having a contact in the event that a suit is unavoidable, someone you can count on to resolve things through negotiation. If your business doesn't have that kind of legal help, it's probably time to seek it out.

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An Entrepreneurs' Guide To Avoiding Business Litigation

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