| |
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.
Contact us for more information:
Z e g a r e l l i
Home Page (click here)
Zegarelli Law Group
Profile
Upper St. Clair Administrative and Postal Office:
2585 Washington Road, Suite 134
• Summerfield Commons Office Park
Pittsburgh, PA
15241-2565 USA
Pittsburgh Office:
301 Grant Street, Suite 4300 • One Oxford Centre
Pittsburgh, PA 15219-1407 USA
Voice: 412.833.0600
Fax: 412.833.0601
Join Mailing List
Give Feedback
|
|
