commercial litigation

What Happens When a Commercial Litigation Case Goes to Court?

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Wilbanks Law Firm
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Know what to expect before setting foot inside a courtroom for your commercial litigation case.

The commercial litigation process is both time-consuming and expensive. As the plaintiff, you’re looking for a fair judgment on your behalf. While you may feel eager to get to court, it’s important to realize the ramifications of this. Bringing your case to court may take several months or years. Understanding the process will help you make wise decisions about the next steps for your case.

Try to Settle Out of Court

Going to court isn’t like what you see in the movies. The process is very lengthy, and in some cases, may end up costing more than anticipated. Most business litigation cases begin outside of the courtroom. This is very important. Going to trial is expensive. Your company may not have the funds to pay for all the unexpected court costs, and the potential winnings from the case may not justify it either.

The majority of business litigation cases actually settle through arbitration or mediation. Current statistics show that over 90-percent of business disputes settle in this manner. During this process, both the plaintiff and the defendant come to an agreement without needing to see a judge. This saves both parties a lot of money. Be aware, however, it may take several attempts to reach a settlement.

Plan in Advance for Trial

If you fail to reach an agreement during mediation, then you may consider scheduling a trial date before a judge. Before entering the courtroom, you need to make sure your case is fully prepared. A litigation attorney will help you build the case. Make sure your attorney has all the facts needed to represent your claim properly. Gather any pertinent paperwork and reach out to eyewitnesses. Your attorney may also recommend contacting expert witnesses to testify on your behalf during the trial.

Heading into the Courtroom

When the day of your trial arrives, anything can happen. The other party may try to settle before the trial begins. If they do, consider taking them up on the offer. It’s usually quicker to resolve the situation without needing a judge. However, if you feel a trial is necessary, then don’t feel pressured to settle.

Once inside the courtroom, each side will have the opportunity to present their case to the judge. Attorneys on each side may examine and cross-examine witnesses. The judge will then render a judgment. The judge may award you for a variety of compensatory damages. This judgment is final. Depending on the complexity of the case, the judge may reach a verdict the same day. But some litigation cases take several days, weeks, or even months to resolve.

Choose Your Representation Wisely

It’s never wise to represent yourself in court as it can be difficult for the average person to navigate the legal system. A business litigation attorney will help explain your rights as a plaintiff. Click to learn more about commercial litigation by contacting the Wilbanks Law Firm, P.C. online.