CIVIL & BUSINESS LITIGATION

CIVIL & BUSINESS LITIGATION2017-11-30T13:26:20+00:00

Part of running a successful business is dealing with unforeseen issues and problems. Unfortunately, some of those issues and problems could have a devastating effect on your business and personal life.

KC Law handles a wide array of business issues and problems. We take the burden off of clients’ shoulders and allow them to get back to their business and family. We always recommend and seek an amicable resolution. However, if an amicable solution is not an option, we take an aggressive approach in order to get our clients everything to which they are entitled.

We have handled numerous matters involving:

  • Business Disputes
  • Contract Disputes
  • Partnership Disputes
  • Fiduciary Matters
  • Non-Compete Matters
  • Commercial Matters
  • Construction Matters
  • Employment Matters
  • Insurance Code Violations
  • Deceptive Trade Practices
  • Collections
  • Partnerships and Corporations

If you are dealing with any of the above matters or any other business or contract issues, please contact us at (413) 251-1010. We are eager to help facilitate a desirable resolution to your dispute.

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Do You Have a Case?

A legal claim can be made through a personal injury lawsuit or insurance action, and lets you recover compensation for damages, usually when someone else is legally responsible for causing the accident or creating the circumstances that led up to the injury. The purpose of an injury claim is to allow the injured person to recover compensation for the injury — including damages in the form of lost wages and medical expenses, and even compensation for emotional distress and pain and suffering, where appropriate.

If you want to make an injury claim (either through an insurance claim or lawsuit), you usually need to be able to prove that the person you are making the claim against was negligent — meaning that they breached a legal duty owed to you, and that the breach led to the accident and your resulting injuries. You also must be able to prove that you suffered actual damages as a result of the injury.

Under personal injury law, the burden of proving these elements is placed on the person making the claim. If your claim ever makes it all the way to trial, the legal standard by which you must prove your case is by a preponderance of the evidence, which means you must prove (to a judge or jury) that more likely than not, everything you are alleging is true, regarding the cause and extent of your injuries, and the defendant’s liability. In all likelihood, your case won’t make it to trial, let alone to the verdict stage, but in assessing the strength of your case, it helps to think in terms of whether you can successfully meet this burden.

Keep in mind that not every injury case will come down to the question of whether or not the other party was negligent (though most cases will). If your injury was caused by a defective product, a workplace accident, or an intentional act, your claim will follow different rules. For example, if you suffered an injury while on the job, you’ll most likely need to file a workers’ compensation claim. In almost every workplace accident, the injured worker is barred by law from suing his or her employer.

So, assuming the kind of lawsuit you’re bringing requires you to establish that another party (the other driver in a car accident case, or the business owner in a slip and fall case, for example) was negligent, what kinds of evidence might you need in order to successfully prove the element of your case? The possibilities include:
  • A police report documenting the circumstances and cause of a car accident
  • An incident report prepared by a store, restaurant, or other business where a slip and fall occurred
  • Eyewitness statements attesting to the details of when, where, and how your injury occurred
  • Photographs from the accident scene and any evidence that might help document the cause and circumstances of your injury
  • Records of all medical treatment associated with your injury — including from emergency services, hospital visits, physicians, physical therapists, and chiropractors
  • Documentation of time missed at work, and records showing your typical income, to support a lost wages claim
  • Testimony from a doctor or medical expert regarding the cause of your injury. For instance, if you have a herniated disc, which can be caused by many factors including the natural aging process, your doctor or another medical expert would need to testify that it was the impact from the car accident (or the fall, or whatever the incident that prompted your injury claim) that caused the herniated disc, and that it wasn’t simply an existing or unrelated injury.
Determining if you have sufficient evidence to bring a lawsuit can be tricky, especially if you are not certain what type of evidence you need and how to get it. In most cases, it is best to seek advice from an experienced trial attorney, who can help you determine if you have a valid case and, if you do have a case, help you prove it.

1. No Significant Injury

The potential client is not seriously hurt.  You injuries are your measure of damages.  If your injuries are very minor your financial recovery may be little or nothing.  The law only compensates for real and measurable damages.

2. Time Limit Expired

The injury is past the statute of limitations or other notice provisions.  The law is very specific about time limitations.  Often times, he who hesitates is lost.  Most negligence cases, (such as auto accident cases), must be filed in court within three years. Claims with your own auto insurance company can have time limitations as low as one year.

3. No Fault, No Liability

The defendant was not at fault, and therefore not liable to pay.  These may be stating the obvious, but the issue does come up more than you think.  Serious injury is not enough.  The defendant must have done something wrong.