Personal Injury FAQWhat is Commercial Litigation?What is Commercial Litigation?Commercial litigation is a broad term used to describe any disputes that arise in a business setting. If the parties cannot settle their dispute on their own, they may turn to litigation to solve their business controversy. The injury suffered may be anything from a business relationship that is beyond repair, to a disagreement during a business transaction that cannot be resolved. Some other examples of types of commercial litigation include disputes over employment issues, business dissolutions, antitrust and antitrade proceedings, corporate fraud claims, breach of contract actions and debt collection issues. This is a sampling of types of claims, the scope of commercial litigation is very broad and can encompass both simple business related disputes and complex transactional matters (and everything in between). If you have a business dispute and are thinking about litigation, there are factors you should consider before filing a claim with the court. It is important to speak to an attorney to discuss your possible claim and weigh your options prior to seeking litigation as well. Some factors to consider are the parties implicated in your business dispute and the sum of money at issue in the dispute. Accordingly, if the other party involved in the dispute is someone you would like to have a future business relationship with, litigation may not be the most appropriate choice. Prior to entering a lawsuit, you may want to try to resolve your issues amicably. You may even consider mediation or arbitration as possible solution to save your business relationship (if that is a concern). You will also want to consider if the other party has means to compensate you if you do go to litigation and succeed in your claim. Correspondingly, it is important to consider the amount of money involved in the dispute. In a commercial litigation lawsuit, each party will usually have to pay their own legal fees and costs, this includes attorney’s fees and these fees can add up during the resolution of your case. Litigation is often time consuming and costly, so make sure that the end-result is worth the expense. Alternatively, you may have other (non-monetary) reasons for pursuing a commercial litigation claim. Perhaps your dispute involves an important legal issue that must be resolved for the benefit of continuing your business, or your business’s reputation is at stake. These types of factors may outweigh the legal costs you may face and are important to consider when deciding if litigation is the best option for you and your business. If I Have a Business Dispute, Is Litigation the Only Option?If you have a business dispute, you may weigh the pros and cons and conclude that litigation may not be the most beneficial choice for you. Other options may be less time consuming and less costly. The most commonly used alternative to litigation is Alternative Dispute Resolution (ADR), many courts are even starting to require parties to go through ADR before pursuing litigation for their business issues. There are two ADR processes, mediation or arbitration. Mediation is a process where the parties meet with a trained neutral third party (licensed mediator) to resolve their issues and reach a settlement agreement. This process is nonbinding on the parties and the agreement is reached solely by the parties, not decided on by the mediator. If an agreement cannot be reached, the mediation concludes. Similarly, arbitration involves a meeting between the parties and a neutral third party (arbitrator). However, in arbitration, both parties present their sides to the arbitrator and he or she makes a decision based on the evidence the parties have presented. The arbitrator’s decision is binding on both parties and may be enforced by the court. This process is similar to litigation; however, it is more information, less costly and less time consuming. If you have an ADR clause in your business contract or are considering options alternative to litigation, speak to an attorney to answer your questions and help you determine your best option. Copyright © 1994-2009 FindLaw, a Thomson business DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. |
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- $1,300,000 Settlement. Class Action settlement against hospital for suddenly closing its doors without properly compensating employees. Successful recovery of wages, fringe benefits, health insurance premiums and reimbursement for covered medical services.
- $22,000,000 Settlement. Local counsel in a Class action settlement against a manufacturing company for personal injuries and property damage sustained by surrounding neighborhood residents due to plant explosion, and air and ground pollution.
- 9,300,000 Settlement. Young woman admitted to Ohio State University Hospital with Guillain Barre Syndrome (GBS). She developed breathing problems due to the condition. The resident physician failed to act upon an alarming blood gas study and instead went to lunch. The young college student suffered a respiratory attack resulting in brain damage. She is in a permanent vegetative or minimally conscious state requiting round the clock care
- 8,600,000 Jury Trial Middle aged woman presented to her ophthalmologist with Pseudo Tumor Cerebri a condition in which there is a build up of cerebral spinal fluid pressure in the brain. If untreated with a shunt it can cause damage to the optic nerve and blindness. The doctor elected to treat with drugs and the patient lost most of her vision
- 3,200,000 Jury Verdict. Woman admitted to the Mt Carmel hospital for a hysterectomy. She developed an undiagnosed blood clot in her arm. The failure to timely diagnosis and treat the condition resulted in amputation of her arm.
- 2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
- 2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
- 2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
- 2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
- 1,800,000 Jury Trial Sixty five year old grandmother was killed when a young uninsured driver crossed left of center colliding with the plaintiffs car.
- 1,800,000 Settlement High school senior was hit by a Conrail train in Hilliard. The track had lights but no gates. The crossing had site restrictions making it difficult to see a train.
- $1,000,000 Jury Trial. Product liability handgun case tried to jury. As the jury completed its deliberation, the case settled for a confidential amount. Young man sustained a severed sciatic nerve. The gun discharged after the clip was removed and while clearing the chamber. The firearm was defective in its design and warnings.
- $1,000,000 plus in Settlements. The partners have collectively settled over 800 client cases involving exposure and resulting injuries from asbestos. Attorney Abraham argued before the Ohio Supreme Court seeking a change in the law so that it would be more favorable toward victims of asbestos exposure related injuries. Attorney Abraham has also settled additional individual asbestos cases involving cancer and other lung diseases.
- $950,000 Settlement. Premises liability case against seller of house, gas company, and plumbing repair company where gas leak resulted in house fire killing mother and two young children. Policy limits were limited and disputed liability.
- $950,000 Settlement. Middle aged lady attending meeting at hospital slipped and fell while exiting restroom. Two days later she developed blood clot in her leg that resulted in her death. Liability disputed.
- $750,000 Settlement. Young girl nearly drowned in a pond resulting in learning disability. A premises liability allegation of failure to provide adequate life guards and design of premises was defective. Disputed liability.
- 700,000 Trial Thirty year old man ran into the rear of a water truck that had failed to use turn signals. The plaintiff broke both legs in the automobile accident.
- $650,000 Settlement. Elderly lady sustained broken ankle with some permanency of limitation in movement when her vehicle was struck head on by oncoming vehicle.
- 600,000 Settlement Woman's face caught on fire during a surgery. The oxygen was ignited with a spark form electric cautery.
- $500,000 Jury Verdict. Low speed rear-end collision truck accident. Plaintiff suffered injury to spine and doctors testified he needed disc fusion. $5000.00 in medical bills considered by the jury. Proximate cause disputed.
- $500,000 - client suffered herniated discs and annular tears after rear end vehicular collision by a dump truck
- $450,000 Settlement. Product liability case involving an elderly man who suffered from diabetes and had an ankle replacement. While recovering, one of the metal crutches he was using collapsed due to a defective adjustment pin causing him to fall and re-injure the ankle with permanent partial loss of use.
- $360,000 Settlement. Handicapped lady was personally assaulted in her apartment that lacked adequate security. Permanent psychological injures.
- $295,000 - clients (family of four) suffered neck and back injuries, closed head injuries, hip and pelvic fractures as a result of a head on vehicular collision
- 250,000 Jury Verdict Young woman injured her thumb in a auto accident. The thumb injury interfered with her career as a hair dresser.
- $250,000 Settlement. Product liability muzzleloader gun case where the nipple that holds the firing cap exploded from the rear of the riffle when fired causing loss of vision in shooters eye. Disputed liability.
- $225,000 Settlement. Trip and fall down basement stairs of rented property. Middle aged lady sustained injury to her elbow when she fell down the stairs due to a lose step. Liability disputed.
- $200,000 - client broke both wrists during recreational ballroom dancing when negligently pushed by other dancers resulting in fall
- $155,000 Settlement. Patron of hotel was climbing exterior steps to his room when he fell due to height variations in steps. He sustained a leg injury that substantially healed. Liability disputed.
- $60,000 Settlement. Product liability crossbow case where the limb of the crossbow delaminated during firing causing injury to shooters eye. Disputed liability.
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