Although the linked case does not involve a business dispute, the procedural history serves as a cautionary tale to business owners and all other people who think litigation is the magic pill that will quickly cure and resolve a business dispute. In the case of Moore v. Ford, the accident occurred on December 20, 2001, the lawsuit filed in May, 2003, and the Indiana Supreme Court just sent it back to the trial court for a new trial.
Litigation is typically a slow process, and much moves slower than business people are used to moving and making decisions. Keep that in mind the next time you pick up the phone and, believing that a lawsuit is the best way to obtain a quick resolution, tell your lawyer to “just go sue” the other party to the dispute.
There are certainly times where a lawsuit is need to protect your rights or enforce appropriate remedies, but just be aware of the time and resources that will be spent by you and the business in either prosecuting or defending a lawsuit, regardless of the how meritorious (or not) the claims are in the case.