Legal Question in Business Law in New Jersey
I own a psychic service. How can I protect myself from lawsuits? I have liability insurance. I am a sole proprietor. Thank you.
2 Answers from Attorneys
Well, if you're psychic, you should see them coming. Sorry, that's a weak attempt at humor. But seriously, you cannot prevent being sued, because anyone can sue. Of course, winning a lawsuit and collecting the award are separate issues. I work with business owners, professionals and paraprofessionals to mitigate their risks... from lawsuits and other events. While there is no way to eliminate all risks---especially the risk of liability for one's own acts or omissions---many risks can be avoided or mitigated through a combination of insurance and the use of limited liability entities (e.g., corporations, LLCs, etc.). I'd be happy to have a brief consultation with you (at no charge) if you wish to call me... 973-921-0600. Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer.
Please visit my website! www.bgartenberg.com or call me 973-921-0600 if you�d like to learn more about me or my practice. Thank you.
Having a good business liability policy is a must, but of course the first thing any ins company does when a claim comes in is to figure out how to get around paying on it and your coverage is capped at some point. Operating as a sole prop offers no legal distinction between you personally and the business. So creating a liability shield like an LLC would be a really good idea and has the added benefit of allowing you to expense things that are business related.
I would discuss it over with a lawyer in private. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.