Being sued is the last thing anyone wants. This is especially true when you genuinely believe you did nothing wrong or what happened was unintentional and a simple misunderstanding. So how do you avoid being sued in the first place?
Well, the reality is that anyone can be sued, whether because they injured someone, are accused of breach of contract, didn’t pay a debt, or were negligent in some way. You can be sued regardless of whether the act was intentional or not and even in situations where you were unaware that you did something wrong. Unfortunately, it’s hard for even the most well-intentioned person to avoid that possibility entirely. That said, there are ways to limit your chances of being sued.
We’ll discuss a few of those tips in today’s blog post.
How to limit your chances of being sued
The better the relationship you have with a business partner, your spouse, a client, a debt collector, or someone else, and the more proactive you are at addressing issues and ensuring everyone is on the same page, the less likely they’ll be to file a claim against you. If someone is upset and reaches out to you, respond promptly, stay calm, and try your best to make things right or provide documentation (emails, contracts, letters, phone calls, etc.) that proves you handled the situation to the best of your ability.
2. Document everything
To piggyback off the first tip, having accurate records in your back pocket is crucial to limit your chances of being sued. As previously mentioned, this can include signed contracts, pictures, text messages, emails, letters, phone call records, proof of purchase dates, bank statements, etc. Even when litigation can’t be avoided, the fact that you documented everything gives you important evidence to defend yourself or negotiate a more favorable outcome.
3. Avoid giving false expectations
Too many people overpromise and underdeliver, especially in the business world. It’s always better to tell the truth, set realistic expectations, avoid protecting clients from bad news, and explain the next steps thoroughly. Even if the person you’re dealing with is upset, they will feel better that you are trying to do right by them.
4. Own up to your word
This is a no-brainer way to limit your chances of being sued. If you said you’d do something, do it. If a contract is in place, follow through with your end of the deal.
5. Avoid making the situation worse
Sometimes, parties who disagree with each other and threaten legal action make the situation worse for themselves or the other person by cutting off all communication, getting angry, making threatening statements, or retaliating in some way. Don’t let a difficult situation get the best of you. Be cautious, courteous, and professional at all times.
6. When in doubt, get a lawyer involved
Civil litigation disputes can be tricky, so it is always a good idea to have a lawyer review the situation and advise you on how to proceed. This ensures disputes and misunderstandings are limited, you avoid saying or doing something that could get you in more hot water, and you have the best defense possible if you are sued.
In addition to handling business transactions and drafting, our firm handles a broad spectrum of commercial/business disputes and civil litigation matters. These disputes may include complex issues such as breach of contract, breach of fiduciary duty, fraud, civil conspiracy, partnership dissolution, and shareholder rights. They can also involve individuals in matters of family law, personal injury, and more. Christman Daniell Attorneys, has successfully represented all types of clients, from individuals to businesses.
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman Daniell Attorneys, believe in tailoring legal advice and solutions to your own personal circumstances.
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