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The main differences between commercial litigation and consumer litigation


Commercial litigation


Commercial litigation is different from most other civil lawsuits by virtue of the involvement of businesses rather than just individuals, and because the issues involved are more complex, both factually and legally. It also is civil litigation involving one or more business entities as parties. Typically, the area of law being litigated is specialized due to the nature of the parties involved.

 

What is the difference between commercial litigation and consumer litigation?

In business-to-business litigation, both sides often have claims and defenses rather than in consumer litigation where there is a clear plaintiff and a clear defendant (think personal injury law where there is an apparent victim and defendant).

 

Some examples of commercial disputes are real estate disputes that involve disagreements related to contracts, termination of leases and property agreements, development, settlements, acquisitions, etc. Disputes can also arise due to misinterpretations or breach of contract.

 

Types of damages: In commercial litigation, several different kinds of damages can be awarded to a winning party by the judge and jury. A party can award compensatory damages, incidental damages, consequential damages, nominal damages, liquidated damages, and punitive damages to the aggrieved party.

 

What is the ultimate goal of commercial litigation? A litigation strategy should be developed with the goal of maximizing the chance for a favorable outcome in court. The goal of the litigation process is to win, and the best resolution is the one that puts your business back to work in the least amount of time, on the best terms and at the lowest cost. Handel & Carlini, LLP is committed to a superior level of client service that meets and exceeds your business needs.

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