When there is a breech in agreement or a business problem arises between two people or companies, often times there is litigation set up. A person who has a tendency to bypass non judicial remedies and instead litigate, is called litigious. The health care industry has seen the highest increase in lawsuits. Doctors have been paying significantly higher liability premiums to defend against possible litigation. That is not the only industry that is effected however.
In real estate there are many times in which litigation may be appropriate. This may include ensuring adequate security, restructuring financial obligations, recovering secured or unsecured assets, acquiring new assets at adjusted cost basis, and others. If you find yourself in need of assistance for real estate litigation in Phoenix, a Phoenix business attorney may be able to help you with your business law issues.
There are other measures such as civil suites that you may want to consider before real estate litigation and a business law lawyer. Civil suites can allow the parties to settle out of court. If this option is not acceptable or has failed, that is when you may want to follow the steps of litigation. The two parties, plaintiffs and defendants, are then called litigants and the attorneys are called litigators.
Once you have decided to hire a local business attorney in Phoenix for your real estate litigation, there are distinct steps that will begin. First are the pleadings. The plaintiff has to file against the defendant, and the defendant is given a specific amount of time in which they must respond. The response basically allows for the defendant to provide their side of the dispute as well as file any counter claims. Next is discovery. This is when both sides get information from each other and third parties to create their cases. It is usually the longest part of the litigation. Then is the actual trial where both sides provide evidence to the claims that they have made and a verdict is rendered. This can sometimes be the end, or an appeal can be filed. This means that if one party is dissatisfied with the results they may ask a higher court to rehear the trial.
The process of real estate litigation is not always the easiest road to take but it can be very well worth it. When problems arise and you are not being treated the way that you feel you deserve real estate litigation is always an option. With the help of a business lawyer phoenix residents trust, you may be able to win your case and move on with the business of your life.