The main difference between civil litigation and commercial litigation is the parties involved. In civil litigation, the lawsuit is between individuals that seek to enforce some legal right or seek monetary damages. In commercial litigation, the lawsuit is between two or more businesses. Commercial litigation is especially complex and requires an attorney with significant experience to handle.
At the Saxton Law Firm, our civil and commercial litigation attorneys have what it takes to fight for you. We help individuals and small businesses fight for their rights, even in complex business litigation lawsuits. Our Kansas City, MO commercial litigation attorneys are ready to speak with you.
Defining Civil Litigation
The term “litigation” refers to a lawsuit between two or more parties. Civil litigation means a lawsuit between parties that does not involve criminal charges. Civil litigation is the general term for these non-criminal cases. They may involve disputes between individuals, such as car crashes. They may also include disputes between individuals and businesses, such as in an employment dispute.
Cases that commonly fall under a civil litigation description include, but are not limited to:
- Car, truck, and motorcycle accidents
- Wrongful death cases
- Landlord and tenant disputes
- Workers’ Compensation claims
- Sole proprietorship lawsuits
Defining Commercial Litigation
Commercial litigation refers to a dispute between two or more business entities. It is not really a separate category from civil litigation, but rather a subcategory. Commercial litigation is usually much more complex and costly than disputes between individuals.
Commercial litigation usually involves formed business entities, such as corporations, partnerships, and limited liability companies (LLCs). The legal procedures between civil and commercial litigation are largely similar, but commercial litigation adds significant challenges as well.
These additional challenges include:
- More complex discovery and longer discovery times
- Significant electronic discovery exchanges
- Concerns over privacy, trade secrets, and more
- More motion practice to delay trial or extend the lawsuit
With these challenges and more, a client needs a business litigation attorney who understands how to navigate this complex system. The right attorney manages these challenges and educates their client about them.
Examples of Commercial Litigation
Commercial litigation is a broad category. It encompasses many individual claims, many of which include the following:
- Breach of fiduciary duty lawsuits
- Antitrust actions
- Business torts
- Construction cases
- Class action lawsuits
- Fraud actions
- Insurance coverage litigation
- Breach of contract disputes
- Product liability claims
- Trade secret claims
- Unfair competition lawsuits
- Shareholder disputes
- LLC membership disputes
This list is far from exhaustive. Many actions between two or more companies fall within the “commercial litigation” category. No matter what you are dealing with, you need a qualified commercial litigation attorney to represent your best interests.
Do Small Businesses Need a Commercial Litigation Attorney?
Small business owners need an attorney who understands both civil litigation and commercial litigation strategies. Smaller companies face challenges from individuals and larger companies all the time. They might face a lawsuit from a customer, or need to sue a large manufacturer that supplies their business.
A highly skilled small business attorney can provide help with:
- Legal Compliance: A lawyer can help you comply with local, state, and federal laws that impact your business. You can make sure you are complaint ahead of time, or respond to allegations that you violated a law.
- Disputes With Larger Companies: You may need help enforcing your rights against a large company. A larger company will attempt to pressure you with its resources, but a dedicated commercial litigation attorney can help.
- Insurance Litigation: Insurance disputes are common with small businesses. Whether you had a fire or other covered incident, your insurer may try to deny your claim.
READ MORE: What Does a Small Business Attorney Do?
Whether you need help with civil litigation or commercial litigation, our Kansas City business attorneys are ready to fight for you. We help you protect your legal rights, whether in a simple lawsuit or complex litigation. Contact Saxton Law Firm for a FREE case review!