Stories of damages
Has your company suffered damage, and do you want to claim compensation from the party causing the damage? Or has your company received a letter in which the company is held liable for damages suffered by others?
Assessment of possibilities and defenses
Liability can be based on, amongst other things, a breach of contract, breach of duty of care or failure or tort. In the example of the ransomware attack and the failure to deliver the agreed ICT infrastructure, theoretically, another party can be held liable, based on attributable non-compliance with the agreement, breach of duty of care (no investigation to the client’s organisation or no warning about weak security) or failure or tort.
First Lawyers always starts with an intake. After that, an assessment is made of the legal position and possibility of holding another party liable or defending against being held liable.
Holding the other party liable
Together, a strategy is established to determine the grounds on which the liability claim is most likely to be successful. Each legal basis is assessed according to different conditions and other possibilities offered, including the amount of compensation to be claimed. Which grounds are most likely to be considered favorably by a judge resulting in award of the claimed compensation? On which grounds is the compensation to be claimed the highest? Could it also be (partly) your own fault? How is your evidence position? These and other questions belong to this phase.
After establishing a strategy, First Lawyers will verify whether all conditions are met to hold the counterparty liable. For example, it is verified whether you have given a notice of default in time and whether a reasonable period is offered to still comply. It is also determined to what extent your company can be held liable. First Lawyers always advises exploring the possibility of an amicable settlement. A realistic settlement with reasonable compensation is sometimes preferable to years of proceedings in which the outcome is usually uncertain. Often, the counterparty is insured against liability risks. In such a case, the insurer participates in the negotiations. If the counterparty is assisted by a lawyer, contact with the insurer is often conducted by the lawyer.
You are held liable
During a discussion with the counterparty, a liability claim is usually not unexpected. Liability claims could also be used to force a breakthrough in a negotiation or gain insights into the counterparty‘s legal position. A liability claim is unpleasant in almost all situations, and it is essential to have a lawyer assist you. First Lawyers will begin by determining your legal position and advise a strategy. Also, First Lawyers acts on your behalf and protects your best interests.