Miami, Florida Business Litigation Lawyers
Business litigation, or commercial litigation, is a complex area of the law – often involving multiple parties, a lengthy discovery process, and costly expenditures. For this very reason, it is essential that you seek out an experienced commercial litigator equipped with the knowledge and skills to take on the opposing lawyer.
Business litigation is a broad category, encompassing various areas of litigation. At Miller Trial Law, we represent clients in a wide range of business litigation, including:
- Insurance coverage disputes
- Breach of contract
- Breach of fiduciary duty
- Employment contracts
- Real estate disputes
- Partnership disputes
It is crucial to understand the many types of business litigation, the unique issues that arise under each, and the steps you can take recover on your claim.
Insurance Coverage Disputes
Insurers are routinely involved in litigation concerning the meaning, scope and application of their policies. Often, this is for good reason – deceitful and fraudulent insurance claims are well publicized and unfortunately prevalent. However, insurance companies are not shy about contesting claims made by well-intentioned and deserving policyholders.
Insurance coverage disputes typically arise when a policyholder is denied coverage for his/her particular losses or injuries. When an insured party takes action against the insurance company, these are known as first-party claims. In Florida, the insured is often entitled to recover their reasonable attorney’s fees if the insurance company is found to have wrongfully denied their insured’s claim.
Insurance companies have ranks of defense attorneys tasked with defending against these sorts of claims. If an insurance company has either denied you coverage or denied you relief against a policyholder who caused your injuries or losses, the attorneys at Miller Trial Law will dutifully represent your interests.
Breach of contract
Breach of contract litigation is perhaps the most common type of business litigation. It is also the most widely recognized. Contracts govern virtually every area of business. Whether you are negotiating employment terms, or simply transacting with another for goods or services, you are entering into a contract. When one side violates the term of their agreement, the other side can sue for breach of contract.
While seemingly straightforward, breach of contract disputes can be surprisingly complicated. Contracts may comprise both oral and written
agreements, one or more of which may contradict another. Terms in the contract – specifying liability, jurisdiction, arbitration and mediation – can prevent a party that ordinarily would prevail from recovering. Any one of these factors can make or break a client’s case.
Whether you need to enforce your contracts, or need help defending against an allegation of breach of contract, the attorneys at Miller Trial Law are well equipped to protect your interests.
Breach of Fiduciary Duty
A fiduciary relationship refers to a special relationship where one party assumes a higher standard of care, loyalty and duty of good faith towards
the other party. There are several types of fiduciary relationships, including:
- Corporate officers and stockholders
- Attorneys and clients
- Trustees and beneficiaries
- Guardian and ward
- Principle and agent
- Partners to one another
There are several ways a fiduciary may breach their duty of loyalty and good faith. Common breaches of fiduciary duty include self-dealing, mismanagement, commingling assets, embezzlement, improper use of funds, profiting at the fiduciary’s expense, concealing information, and failing to disclose information.
If you intend on bringing, or defending against a breach of fiduciary duty claim, the business litigators at Miller Trial Law are here to help.
Employment litigation is a general category within business litigation that describes a number of different employment disputes. The most common types of employment litigation include:
- Wage disputes
- Workplace safety
- Worker’s compensation
- Breach of employment contracts
- Breach of noncompete agreements
- Breach of nondisclosure agreements
Not all employment claims are created equal. Some, like breach of noncompete agreements, can often be handled rather quickly. Others, like discrimination suits, can be more complex, requiring a high burden of proof and lengthy discovery process. Moreover, some employment claims need to be brought before administrative agencies or arbitration courts. As such, it is essential to find a seasoned employment attorney to represent you.
Real estate Disputes
Real estate disputes are those that arise out of the ownership, transaction, or interest in real property. Real estate litigation may simply concern the terms of a contract for the sale of land. It may also arise out of a dispute between a landowner and a tenant. In essence, most real estate disputes are simply contract claims involving real property. However, real estate litigation covers a variety of disputes, including foreclosures, restrictive covenants, nuisance claims, quiet title actions, zoning actions, and premises liability claims.
Partnerships generally start with good intentions and like-minded expectations. However, it is not uncommon for business partnerships to devolve as infighting and unilateral misconduct threatens the relationship. Suing a business partner is never an ideal scenario. However, it may become necessary when your partner is actively damaging your business.
Disputes between partners may arise for a number of reasons. Sometimes, it is as simple as one party breaching the terms of the partnership agreement. In other cases, fraud or theft may necessitate taking immediate action.
Partnership litigation is often time-consuming and emotionally draining. Disputes may not only be personally trying, but may impact your business operations. The attorneys at Miller Trial Law are committed to swiftly resolving your partnership disputes.
- Call 911. Even if you think the accident was minor and there are no injuries, you should still call the police. Sometimes injuries can take days or even weeks before they manifest themselves. For example, some types of brain injury, spinal cord injury, or post-traumatic stress disorder might not appear right away. Sometimes damage to a vehicle might appear minor, but could, in fact, be costly. Consider calling the police if there is any doubt.
- Make sure everyone is safe and that people who are hurt are able to get medical care and attention. It’s the law.
- Once everyone is safe and police have been called, take the time to exchange contact information with the other driver or others involved. You should get the name, insurance information, contact information of the other driver and take notes about what took place.
- If other people witnessed the accident, take down their names and contact information. You will also want the name, contact information, and police report of the officer taking down your information.
- If you can safely do so, you should photograph the entire scene of the accident, including any skid marks and all vehicles involved.
- Contact your insurance company. Many insurance companies require prompt reporting of the accident, but be mindful of the information you provide to your insurance company before you hire a lawyer as they often request to record the conversation for future use.
- Keep in mind that the other driver’s insurance carrier might reach out to you for information and may request to record the conversation. Remember, insurance companies are in the business of making money and will likely look for ways to avoid paying your claim or avoid paying full value on your claim, so you should strongly consider consulting with an attorney before you communicate with the other driver’s insurance carrier.
- Reach out today to our compassionate team to preserve your rights and make sure you get the medical treatment you need, as you could waive certain benefits by not timely seeking medical attention. We stand ready to fight on your behalf, but do not delay as there is only a limited amount of time to bring a case.
Based in Miami, Florida, Miller Trial Law proudly represents clients throughout the entire State of Florida and is available for free virtual and in-person consultations at numerous locations.