Litigation, Torts, and Liability: Measuring Risk and Managing It


Traditional Litigation: Encountering Risks and Reducing Exposure
When dealing with traditional litigation, a business or organization will risk scrutiny of the company’s image or brand, and clearly suffers monetary costs, which can affect the entity’s bottom line. Reflecting on the traditional litigation system, dependent on the type of trial, for example, a civil trial, the burden of proof is rested upon the plaintiff. The plaintiff must present truthful evidence or proof to a judge or jury against the defendant. Thus, the strength of the plaintiff’s credible facts and truth must be supportive of the plaintiff’s claim and proven stronger than the defendant’s defense. Considering the requirements to support a case (plaintiff or defendant), research and costs will rise.

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