Unfortunately, disputes happen.  Sometimes there is a general misunderstanding.  Sometimes someone is clearly wrong and, yet, unwilling to yield for redress.  The important thing about resolving disputes is to assess the case properly.

Case assessment often begins with the nature of the case, because resolution is often a function of the nature of the case.  For example, there is a clear distinction between and among commercial litigation, personal injury litigation and criminal law litigation.

• Commercial litigation is often the result of performance problems from a contractual relationship.  Three important points: is there insurance to cover the problem, are attorneys fees available and are there violations of a statute.  Usually, unlike personal injury litigation, commercial litigation is performed on an hourly basis.  Often there is no insurance coverage in commercial litigation.  Also, many people do not realize that attorneys' fees are not recoverable unless provided for in any applicable contract or permitted by statute.  As a result, parties must often asses the case in the context of the cost to litigate.  Our firm regularly handles commercial litigation, such as breach of contract, trademark violations, employee issues, real estate issues, etc.
   
• Personal injury litigation is generally where someone has caused physical injury to another person.  Importantly, these types of cases are almost always have insurance coverage.  As such, the assessment of the case is much different than in commercial litigation.  For these types of cases, there is usually a determination that recovery will occur for some amount; then it is merely a determination of what effort of proof will be required at each stage of the litigation relative to the offered settlement by the insurance carrier at that point.  For example, the carrier may offer a small sum at the onset of the litigation, and a much larger sum immediately prior to trial.  The key to this type of assessment is that the attorney and client often know that some recovery will absolutely occur, the question is usually determining the correct effort/reward formula.  In commercial litigation, there is no assurance of any recovery.  Our firm handles these cases in particular circumstances.
   
• Criminal law litigation is generally defense of an accused criminal.  The difference for these types of cases is that the plaintiff is the government, usually the District Attorney or Attorney General.  The assessment is whether there is any incarceration (jail time), fines, etc.  Our firm does not accept these cases.
   
• Other types of cases include divorce actions, estate actions, administrative actions, etc.  There are many areas in which we regularly represent issues before the Bar in Federal and state courts, as well as administrative agencies.

In all cases of litigation, please contact us.  The above types of cases are general categorizations only.  We will talk with you about your needs and work with you to achieve your intended result.

Articles and information are for general information only, and often address issues, without expressly indicating, in generalizations. Laws vary between and among jurisdictions.  You should not rely upon any information provided by or on the website, including articles, as applicable to your particular situation. The law, filing fees, etc., change often, so the information in this document may not be current. The laws of various jurisdictions may be different than provided here.  Please contact us at info@zegarelli.com if you are interested in becoming our client--only then would this office be in the position to provide advise with regard to your particular situation.  It is important for you to review Terms of Use.

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