Business Litigation 101

In the conduct of running a business, it is normal for disputes and conflicts to arise. When the issues cannot be resolved through negotiations or arbitration, the usual result is business litigation. There are various circumstances when business litigation is the only way to resolve corporate disputes and conflicts. An Austin business litigation lawyer will tell you that resolving legal matters is crucial to the success of your company. The areas that business litigation may resolve include the following:

Finances and Investments

They say that money is the root of all evil and when financial matters find their way into businesses and companies, litigation is almost certain to follow. The case that will be filed may involve outsiders or even people inside the company.

Intellectual Property

A business may push a case against another business if they are deemed as infringing patents, trademarks, or copyrights which is illegal and may be grounds for pursuing a case.

Insurance Disputes

There are instances when insurance claims become one of the major causes of business litigation. In attempts to get higher proceeds, some businesses commit fraud and lie about some information. Insurance companies conduct investigations before granting claims and if they found out that you falsified information, then they have grounds to proceed with business litigation.

Breach of Contract

A contract is a binding agreement between two parties. For this reason, it is important for them to act in good faith and be true to the agreement. When one of the parties breaks the agreement, they are guilty of breach of contract and that violation may result to business litigation.

These are just some common instances that can result to business litigation. Getting involved in a lawsuit can be financially draining on the part of the parties involved. At the same time, it can also eat up so much time and the businesses involved may end up not being able to focus on running their business.

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Chapter 7 Business Bankruptcy

Companies fail daily, they fail so frequently that starting a business is one of the most risky financial decisions of any body’s life. Sometimes the risk pays off, but often times it does not and that’s understandable. If you are part of a failed company, the best thing you can do is take a breath and begin thinking of a way to salvage the situation. This may even include bankruptcy. Probably the most dreaded thing for any entrepreneur to even think about. However, with chapter 7 bankruptcy, a business owner can finally put aside that chapter of their life and begin anew.

Chapter 7 business bankruptcies works much like the conventional idea of bankruptcy, but it is much more compromising than most people may think. Upon approval of the bankruptcy petition and all other necessary financial documents, assets are divided into exempt and nonexempt assets. Nonexempt assets will be then be liquidated at auction and used to repay business debts. Exempt assets such as clothing, motor vehicles, and pensions are able to be kept to maintain a basic standard of living. Debts are then divided into secured and unsecured debts. Perhaps one of the most significant aspects with chapter 7 is the ability to discharge a majority of unsecured debts. These include any asset that is not secured with tangible property such as credit card debt and medical bills. If unsecured debts are unable to be discharged, many creditors will accept a reduced settlement amount for these debts which can be 50% lower than the original. According to Bradford Law Offices, PLLC, the majority of a company’s debts will in fact be eligible for discharge.

Businesses are difficult to own and operate, and it is inevitable that some companies are bound to fail. The thought of bankruptcy is hard for most entrepreneurs to stomach as they believe it is the mark of failure, but this is a unhealthy way of thinking. Bankruptcies need to be viewed as an opportunity for business owners to start over and create a better business from what you learned in the past.

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The Basics of a No-Zone Accident

Anyone can tell you than an eighteen wheeler truck is so much more massive than a regular vehicle. Putting it into a more calculated perspective, an eighteen wheeler can weigh up to 80,000 pounds without a permit while a regular vehicle weighs only around 3,000 to 10,000 pounds. The contrast between the two vehicles is huge and so, when operating such a massive vehicle, there are certain precautionary measures that are needed.

Take, for instance, the amount of visibility that a truck driver has of their surroundings. There are certain areas of the truck that are difficult to see. While a truck driver must be professional trained in matters concerning turns or changing lanes, some drivers may fail to take these “no-zones” into account, according to the website of the lawyers with Ausband & Dumont. If mishandled or negligently done, the narrow spaces in front, behind, or on the sides of a truck could cause significant damage if the truck driver turns suddenly, without the necessary precautions.

This kind of negligence is not something that should be allowed to let pass, henceforth why there are specific restrictions and laws that are exclusive to trucks, their drivers, and the employers who utilize their services. A driver, for example, can only drive a truck for fourteen hours a day. These precautions are necessary not only just to protect the driver but also the other vehicles on the road. There is precedent for this, of course, as the level of damage that truck could do far outweighs the damage that a regular vehicle can do; that’s just the basic math of it.

So if even the slightest bit of a slip up in the standard of care that a truck driver must follow by is neglected, a lot of people could be affected simply by being at the wrong “no-zone” at the wrong time.

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Is There A Happily Ever After, After Divorce?

People are fickle creatures. More often than not, people make decisions based on what feels right at the time instead of with logic or proper reasoning. Sometimes, this gut instinct is enough to make a good decision but sometimes, things just don’t work out. The case with some marriages, for example, is that the couples just rushed into marriage far too quickly without considering the consequences of actually living together. Some couples just grow apart – and that’s okay too.

But divorce, with how it’s portrayed in various stories told through different media, can seem like an ugly, dangerous thing that can only result in unhappiness. Can there be a happily ever after, after a divorce?

Sometimes, it is the only option there is for everyone involved to be happy. According to the website of the Law Office of Daniel Jensen, P.C., there are many cases wherein a couple staying together in the marriage can only do more harm than good. This is especially true if there are children involved.

There are, of course, couples that are in very difficult situations regarding their marriages. Abusive relationships do exist and sometimes, partners are conditioned in order to think that they have no choice that they must stay in the relationship. This is simply not true. However, the road to happiness can be one that is paved with many obstacles – especially one concerning divorce. There is not a single person who can say that divorce was a walk in the park but most people who have ended their unhappy relationships have ended up happier than ever, since they gave themselves the chance to be.

If you are looking into seeking a divorce or legal separation from your partner, it would be recommended to consult your options with an experienced, sensitive professional in order to know the best way to go about this situation.

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Can Filing for Bankruptcy Be A Good Choice?

Financial woes can get the better and best out of any of us. After all, not everyone makes savvy financial decisions in their youth and it was always easy to think “when I get money, I’ll pay all of my debt quickly!” as if their future selves would just magically have the answers to their then-present selves. The world we live in is one that celebrates in euphoric immediate gratification and it was this kind of spend first, ask where you’ll get the money later kind of thinking that sent so many adults today spiraling into financial ruin at such an early age.

So when you’ve reached the point where you consider bankruptcy, you might be wondering – what good can filing for bankruptcy ever do for someone in financial crisis?

The answer is that, if your situation calls for it, filing for bankruptcy can help you change everything for the better from the span of a few months to around three to five years instead of spending a lifetime in debt. According to the website of  Erin B. Shank, PC, Killeen bankruptcy attorney, if bankruptcy is the most advisable course of action for your given situation, things can only start to improve from there. For a start, once you file for bankruptcy, your creditors will be notified that you have filed for bankruptcy and the endless phone calls that you fear will cease to happen.

A lot of people tend to just shrink away from their financial problems once thing start to seem too overwhelming to handle. If you sweep your problems under the rug too often and do nothing to start rectifying the situation, you may face lawsuits and more trouble than you would have done if you had just made the first step into getting back a decent credit score.

Bankruptcy can allow for you to follow your own bespoke payment plan, depending on your income and lifestyle so that you needn’t have to pay out too much at once and end up in a difficult living situation. If you want to know what your options are and if filing for bankruptcy is on the table, it is recommended that you consult your potential solutions with a reputable bankruptcy attorney of your choic

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The Relation of Negligence and Personal Injury

In most dealings with personal injury, the word “negligence” is often thrown about with cases concerning it. After all, according to the website, personal injury deals with incidents that have caused injury towards a person that were due to acts that were negligent in nature, either intentionally or unintentionally. But why is that so?

Negligence is the primary cause for personal injury cases as by definition, it means that there has been carelessness from one party and if that carelessness brings forth a damaging accident towards a victim, then the victim is warranted some form of justice and compensation for it. According to the website of the lawyers with Abel Law, every single person has a duty of care to each other. If that duty has been neglected and the result causes injury to someone else, the guilty party is then liable to compensate for the damage done.

In the website, some examples that can be cited of this relationship are through the cases from various subsets of personal injury such as car accident. If Driver A did not practice the necessary precautions when getting on the road – making sure they are well rested, not intoxicated, etc – and this reckless negligence results into a car crash that greatly injures Driver B, then that is means for personal injury.

Things are not, however, always quite as straightforward as all that. Sometimes, things can get complicated, as can be the case for cases involving premises or product liability, wherein the fault lies to a guilty party but it was indirectly done. According to the website of Abel Law, proving negligence can be quite the difficult task.

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How Can You Prevent Workplace Accidents?

Employees and their employers need to have a mutually beneficial back and forth relationship so that there may be growth for the business and within the business. An employee wants a workplace that allows for career growth as well as a learning experience within the field while an employer wants workers who are dedicated and skilled in order to further the business’ progress.

In order for there to be a harmonious and productive work relationship between every party, the workplace needs to be an environment that promotes that mutual growth. If there were workplace accidents aplenty, it would affect morale significantly. After all, nobody wants to work in a place that puts them in unnecessary danger that they didn’t sign up for – it is then necessary for all parties to be transparent with one another.

How any of this is related to preventing workplace accidents, you may be asking?

Why, that is because preventing workplace accidents starts at the very root of the employee-employer relationship: the pre-employment process itself. According to the website of WorkSTEPS, pre-employment testing allows for employers to know if their employees are fit and appropriate for the task at hand. You wouldn’t give, for example, a profession that requires a steady hand to someone with early onset Parkinson’s disease, right?

The principle of pre-employment is so that the employer knows that their potential employee can do their tasks well as well as provide the employee sufficient grounds to establish that they are fit for the task and that they would not be held accountable for the damage that accidents due to negligence might inflict upon them.

Pre-employment allows for both parties to be accountable to each other from the get go and it is from that mutual accountability that trustworthiness between each other can be formed.

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What You Need to Know About Car and SR-22 Insurance

First of all, you may be asking yourself why you even need SR-22 insurance. You’re already insured, as is mandated by law, so why would you need another type of insurance, right?

Well, to start: SR-22 insurance isn’t actually an insurance policy (more information on that can be found here: SR-22 insurance is proof or certification that you are actually, properly insured and legally allowed to drive following an accident or a highway transgression (e.g. driving under the influence of drugs or alcohol, driving without a license, being the guilty party of an accident, et cetera). If you are required by law to have SR-22 insurance due to a violation of some kind then there is no other way around it. It can be tedious but it is necessary when required.

That, among some other facts, is one of the examples of some things that tend to baffle most people about car and SR-22 insurance.

For example, insurance policies tend to cover the vehicle and not the driver. According to, there have been some people who have tried to claim that their full coverage follows them with whatever vehicle they drive. Policies are different for every scenario but you can rest assured that there is no such policy such as full, comprehensive coverage that goes with every single vehicle for every single situation.

If you move to another state while you are required to have SR-22 insurance, you must still maintain it for as long as the mandate dictates in order to not be put into any more legal trouble.

Have any more pressing questions about this topic?

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How Can You Cope After Personal Injury?

The aftermath of an accident can haunt you all the rest of your days. May it be in the form of a physical scar or through trauma that then affects you mentally and emotionally – there are ways that personal injury can stay with you forever. So how can you cope?

According to the website of the lawyers with the Abel Law Firm, many victims of personal injury find themselves forced to suddenly cope with unexpected and drastic changes to their living situation. If the victim were the primary income earner of the family, the entire household would then be put into jeopardy.

It is then difficult to deal with the aftermath of the personal injury as well as its casualties such as that and that is why it is the most recommended course of action to seek legal counsel as soon as possible. This is so the tedious part of the legal process can be dealt with quickly and smoothly and the recovery from the accident can begin with no hiccups.

Personal injury talks about more than just the physical injuries and the most obvious expenses. It is detailed in posts located in the website of the Law Offices of Cazayoux Ewing that injuries that are suffered mentally and emotionally also need to be accounted for. There are people who suffer from illnesses like Posttraumatic Stress Disorder (PTSD) and are thereby susceptible to debilitating panic attacks or depressive relapses that render them unable to work. This is no way to live on one’s own and if this trauma was instilled due to an accident that was caused by the negligence of another party, legal action is definitely warranted.

Coping is more than just about closing up the scars – it’s about learning how to live with them and the memories that caused them as well. There are some medications that can aid people who suffer mentally from an accident as well as therapy that allows them a healthier way to express and worth through their struggles.

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