Expenses incurred in a legal dispute, which may include lawyer fees, court filing fees, expert witness fees, and other costs related to case preparation, represent a significant economic cost of doing business. Justice is expensive. Starting and running your own business can be rewarding but also imbued with inherent risk. Some of the most common reasons for getting sued are the existence of fraud, wrongdoing, or injustice to a third party, failure to maintain separate identities of the company and its owners or stakeholders, undercapitalization, and failure to observe corporate formalities. Anyone can sue a business for whatever reason.
Litigation is an incredibly costly and lengthy process, so it should be the last resort for handling business disputes. It can adversely affect your company’s reputation, your standing within the industry, and your own employees. The point is that litigation is destructive for business if it doesn’t spell the end of it. The good news is there are proactive measures you can take to limit the risk and ensure things run smoothly. It’s not possible to control every incident, but there are actions you can take now to protect your business against litigation.
Register your business as an LLC
Most entrepreneurs operate their businesses as sole proprietorships, which can be troublesome in the event the company gets sued. To be more precise, a sole proprietorship isn’t a separate legal entity from its owner, so if you lose the lawsuit, you’ll be liable for the debt. You’re easy to attack or attach in a court of law, so it becomes hardly impossible to avoid liabilities. Registering your business as an LLC offers personal liability protection, meaning you’re not personally liable for judgments against the business lest you sign a personal guarantee. To maximize your personal protection, keep just enough money in the company.
Attention must be paid to the fact that there are differences in laws and processes from country to country, so look for information specific to your state. If you’re a one-person show, you might be tempted to use your personal bank account. It’s the biggest mistake that you can make because a court can decide your LLC isn’t a separate legal entity after all. The idea of using an LLC is to separate your personal assets from the business. Having separate bank accounts streamlines recordkeeping and tax compliance, so if you’re ever audited, you’ll save a lot of time.
Be Careful What You Say and Do
A lawsuit can ruin relationships and your business’ reputation. At some point during its operation, your company will become involved in some kind of legal dispute, whether it’s a dispute over a contract or employment issues, and it will destroy the image you fought so hard to build and preserve. At times, you need to remain quiet to protect your legal position, while other times, you’ll need to interact with the media to share your side of the story. It goes without saying that you must measure your words against your actions. You and your employees should avoid making public announcements.
Follow Sound Employment Policies
Employees are the core of your business. There are various laws that cover employment, and developing a stronger grasp helps you gain insight into your obligations as an employer. If you adhere to employment law, workers are much less likely to bring a claim to a tribunal. Employees can take legal action as individuals or as a union; while not impossible, you can sue your employees too. As an employer, you can be dragged to court for an accident at work if you failed to keep members of the staff safe. Various types of evidence are required to prove negligence. Visit Personal Injury Claims UK (https://www.personalinjuryclaimsuk.org.uk/) for the information you need.
Successful companies know and value their employees. If you promote a safe working environment, you’re better able to protect the people in your organization from injuries and illness, which in turn minimizes the risk of a lawsuit. Routine risks assessments and safety audits help you determine emerging hazards, keep workers out of danger, and avoid legal risks. Equally important is to ensure safety training. Without it, your employees don't have the necessary tools to handle a crisis that could negatively affect the bottom line. People on the front line are more likely to spot dangers, so talking to your team members can bring about a number of benefits.
Hire A Lawyer
The wrong decision could put you in the path of a lawsuit, so even if a lawyer is the last thing you might want to spend money on, you may need the assistance of a legal professional. Their advice could save you from a lawsuit that could drain your business of much-needed money and resources. Hire a lawyer who’s au courant with the local laws and customs and has expertise in a particular field, if necessary. Self-help legal sites provide a basic understanding of matters that might arise in the context of the law, with articles, resources, templates, and legal forms you can use. Nonetheless, nothing can compare with working with a trusted business advisor.
Obtain Liability Insurance – Just in Case
Insurance isn’t required by the law, but it’s still important to have. If someone slips and falls at your business premises or your organization experiences a data breach, your company is protected, as there’s money to pay for losses. Accidents can and will happen, so it’s wise to have liability insurance to cover the legal costs and payouts you’re responsible for. There are several types of liability insurance, such as commercial property insurance, cyber liability insurance, commercial auto insurance, and employer liability, to name a few. Have an asset protection plan in place based on the available insurance coverage.
Conclusion
Always be mindful that it’s impossible to make your company completely lawsuit-proof. Still, you can limit your litigation risk by following good business practices. You can settle a case until the judge offers a decision; the amount you settle for is less than the one demanded in the first place.