WE ARE EVERYTHING YOU NEED
- TO ENSURE LITIGATION SUCCESS
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more.
Litigation management
refers to the practices put into place by a company or entity to avoid the risk and potential of a lawsuit. It
may include taking specific and concrete actions to avoid being sued, such as getting
adeclaratory
judgment as to the
meaning of a contract or doing an in-depth study of whether the company's actions were in potential violation
of any laws or legal principles. It may also include assessing the chances that a lawsuit will occur and
purchasingliabilityinsurance
to protect against possible lawsuits.
Litigation
management is part of a
comprehensive risk management strategy that many companies have in place.Litigation can cost a company hundreds, or even millions or billions of dollars,
so taking active steps to reduce the risk oflitigationor to minimize
the harmlitigationcan cause, is essential to the successful running
of a business. It is even more important in situations where a business is prone tolitigation; for example, a drug company that releases new drugs must have a
comprehensive and completelitigationmanagement system in place in
case one of those drugs later turns out to be defective or to have dangerousside effects.
One of the key principles
of litigation management involves
exploring any potential areas of liability. For example, a retail store owner would wish to think about
anything he could potentially be sued for; for example, he might be subject to lawsuits if he sells a
defective product or if someone slips and falls on his premises. A manufacturer as well should consider any
possible injury that might befall a user of his product that could lead to a lawsuit, but should also
consider additional potential sources of litigation, such as employee injury.
Once a company has done a
careful assessment of any and all situations in which it might be subject to a lawsuit, it can take steps to
purchase liability insurance or protection. This is a key step in the litigation management process, as insurance transfers the financial risk of a lawsuit to
the insurance company. If a company is sued, his insurer will pay the legal bills and any damage or settlement
awards, up to the limit of the policy. Therefore, determining what types of insurance to purchase — from an auto
insurance policy to a general or umbrella liability policy — and what amounts of insurance to purchase is a key
component of business planning.
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