If you are faced with litigation, you should retain a trial attorney, not merely a litigator. All trial attorneys litigate, but not all litigators are trial attorneys. Throughout my professional legal career, I have always approached every case as if it were going to trial. It's the only way to properly and competently represent my clients' best interests. Despite the fact that only a very small percentage of cases actually end up going to trial, I have been fortunate enough to acquire the jury trial experience that is so important for effective representation.
Business and Contract Disputes:
Leases, agreements to buy or sell goods and/or services or real estate, insurance policies, mortgages
and credit agreements are all contracts. If you are accused of breaching a contract or you feel that a person or business
with whom you contracted is in breach, you should consider your legal alternatives.
If you need to enforce a contract against a breaching party, the solution may be as simple as a strongly worded demand letter stating clearly the legal repercussions of that party's failure to fulfill their obligations. You may need to bring further legal action to enforce your contractual rights. Most contracts have a provision for attorney's fees in such an event.
If, on the other hand, you are accused of breach, you still have many legal options. Maybe you did not actually breach, but the other party thinks you did based on their understanding of the agreement. You might begin with a position letter explaining why a particular contract or clause in the contract is not enforceable in your case. Also keep in mind that in most cases, ambiguities in a contract are construed against the drafter. Among other options, if you are threatened with collection or other legal action, you may be entitled to preemptively file a Declaratory Judgment lawsuit in a county or Federal Court convenient to you and have the court decide the issue before the other party can file somewhere else.
Contact Hilton Legal, LLC today to schedule a free case evaluation.
You pay insurance premiums so your insurance company will protect you against the risk of harm to yourself and others. Sometimes in life you are responsible for an auto accident, or some condition at your home or business that causes you or someone else economic or personal injury. Or maybe through no fault of your own, your car or other insured property that you own is damaged or stolen. That is why you have insurance. When you make a claim for damages that is covered by your insurance policy, your insurance company should pay those damages up to the limits of your policy. When another person or business either makes a claim or sues you for their damages, your insurance company is supposed to provide a legal defense and if you are liable, attempt to settle the claim. All too frequently, your insurance company will deny coverage on the claim based on some technical exclusion clause in your policy and expose you to monetary liability that you assumed was covered.
Your Insurance Company Denies Coverage
Often it may seem like the insurance company is more concerned with finding a reason NOT to cover you than it is with doing the job you pay it for: Protecting your personal and business assets against the risk of loss. I worked in the insurance industry for five years and I can tell you that often, that is true (one of the reasons I left that line of work). They figure that you will not fight the denial of coverage because it will cost you as much as the claim or more to hire an attorney to litigate the matter.
Your Insurance Company May Be Required To Pay Your Private Attorney's Fees
The good news is that in some cases, you can recoup the cost of your attorney's fees from your insurance company. Contact Hilton Legal, LLC today to schedule a free consultation. I will take down the facts of your case and determine whether or not your state (New York or New Jersey) provides for an award of attorney's fees in a case of an insurance company's denial of defense or indemnity (monetary) coverage.
I have extensive experience evaluating, negotiating, settling and trying personal injury cases. If you or someone you know has been injured in an accident of any kind, you should seek legal representation. Do not deal directly with the insurance companies. Their goal as a commercial enterprise is to pay out the least amount they can. My goal is to obtain the best possible settlement or verdict for you. Most personal injury cases are handled on a contingent fee basis. At Hilton Legal, LLC, you will not be charged any fees or costs if I accept your case on a completely contingent basis unless I obtain a settlement or verdict in your favor. Only then will you be charged a percentage of the recovery, plus costs. If I do not recover any money for you in a case that I accepted on a completely contingent basis, there is absolutely no charge. Contact Hilton Legal, LLC today to schedule a free consultation and case evaluation.