When Litigation is The Way to Go
You are in a dispute with a person or a company and it’s just not getting resolved no matter what you do. You are at a point of frustration with the issue and have decided you want to take them to court, litigate, and win! There really are times when you have no option left other than litigation. That’s when you need the help of an experienced lawyer, like the lawyers at ZinnLaw in Fort Myers, FL. Over the next few weeks, we are going to go over a litany of situations where litigation is the way to go, so you’ll know how to proceed if you are ever faced with similar circumstances.
Time is of the Essence
Some legal cases are about getting things done so you don’t lose money or risk your property. Consider this classic case of the owner-landlord who leased a fruit-tree farm to a tenant. The tenant was supposed to care for the trees and harvest the fruit. However, the tenant broke the terms of the lease:
- He wasn’t paying rent.
- He wasn’t harvesting the fruit.
- He wouldn’t give control of the property back to the landlord.
The landlord sought an injunction from the court, which required litigation. This is called “equitable relief,” and it basically means the other party is ordered by the court to act or to refrain from doing something. In this case, the landlord needed the tenant to either harvest the fruit or get out of the way so someone else could do it. Given that fruit that is not picked rots, this is a perfect example of time being of the essence in a legal case. This landlord did not have the time to go through all the machinations of mediation, arbitration or collaborative law to resolve the dispute.
There are other times when you must go to court and seek equitable relief in a timely fashion. For instance:
- Someone is making changes to their property that impinge on your property (i.e. cutting down trees, digging trenches, building a pond)
- Your trade secrets or intellectual property are being stolen
- You are being physically threatened
- Someone is trespassing on your property
These situations represent instances where time is of the essence and a delay could have dire consequences. Litigation in court is really your only option for immediate relief.
The Other Side Has Lofty Expectations
If someone says they’re going to sue you, and they indicate they expect a multimillion-dollar settlement, you need to look at the reality of the case. As lawyers with decades of experience, we can tell you if their expectations are out of line with reality. At that point we can offer advice as to whether it might be best to go to court. You have no incentive to settle for such an absurd sum. By litigating, you can lower their expectations and potentially settle for much less—or win your case and pay them nothing if you obtain a positive verdict.
When the Other Side is Unresponsive to Settling the Dispute
When conflicts arise, it’s best to attempt to settle the dispute informally first. During pre-litigation, we at ZinnLaw will make every effort to settle matters out of court. This avoids a lengthy and expensive court battle. But if the other side doesn’t respond to calls, emails, or letters, we will probably have no other option than litigation. Here’s why: If the other party doesn’t respond to informal overtures, there’s a good chance he or she won’t be willing to resolve the dispute out of court. So even if you do eventually get them to respond, you probably won’t get the outcome you seek.
