Common Civil Litigation Issues

No one looks forward to a legal dispute. When you buy or sell real estate, or are a party to any transaction, you never envision that you will one day end up in a courtroom fighting over the terms of the agreement. Nevertheless, these disputes do arise and with some frequency.

Likewise, individuals and businesses have a duty to keep others from harm. Therefore, a severe injury or death is not something that you should have to shoulder alone if another party was at fault.

When you are unable to resolve a dispute without legal intervention, you need an attorney who is not afraid to go to court. Your legal advocate should also be someone who has a record of experience and success at both the trial and appellate levels.

Complex Civil Litigation Matters

Civil litigation involves formal legal disputes in which one party is alleged to have committed a wrong, but not necessarily a crime. Most civil litigation involves the process of one party bringing a lawsuit against another for certain damages. Some examples include:

• Property Title, Boundary and Land Disputes. Land ownership and transfer can become complicated when there are disputes involving a clean title, boundary lines, and other contract issues. These problems can set back the closing of a sale or could prevent a buyer or seller from reaching a beneficial deal. Having legal assistance from an attorney to resolve these disputes as quickly as possible is the best way to protect your interests.
• Construction Defect Litigation. When you buy or own a piece of property, you trust it will be free from construction defects. Sometimes, design professionals, engineers, and construction crews create issues that affect the integrity of a building, its safety, or both. Construction defect law is a specialized area that requires knowledge of contracts as well as insurance, toxic torts, product liability, engineering, and regulatory issues.
• Auto Accidents and Personal Injury. If you are the victim of an auto accident or pedestrian accident or have a loved one who has lost their life due to the negligence of another party, you have the right to pursue full and fair compensation for your losses. These accidents can leave victims with life-changing injuries and damages, and a skilled personal injury attorney can help you obtain the reparations you need and deserve.
• Divorce and Child Custody Disputes. If you haven’t filed for an agreed divorce, you may have child custody and other common disputes that arise when a marriage is dissolved.
• Will Contests & Probate Disputes. Unfortunately, estate administration is not always a smooth process. This is the most common legal issue that can be lengthened thanks to contests by the parties involved. Sometimes will and probate disputes are legitimate, and others are driven by emotion. An experienced estate planning attorney can represent your family’s interests.
• Business Torts. If another party caused financial harm to your business or is in breach of contract, you may have remedies under tort law. Common business torts involve construction issues, banking disputes, and problems with insurance coverage.
• Breach of Contract. Perhaps the most common type of business litigation is a dispute involving breach of contract. A contract represents a legally-enforceable promise, and a failure to adhere to the terms of the promise could entitle the other party to remedies that include specific performance and a variety of damages.

Many of these legal disputes can be complex, particularly when you are facing another party that has deep pockets. If a corporation, their attorneys, or an insurance company is involved in your case, you will need a skilled litigator in your corner who can protect your rights either through negotiation or the court system.

The Importance of Appellate Law Experience for Civil Litigation Cases

We all know that mistakes are made from time to time. Some mistakes can that are made in a case can be devastating to the plaintiff. When you decide to appeal a civil decision, it’s essential to have the help of an experienced appellate law attorney.

Civil appeals are most common in tort law cases, which encompasses personal injury, liability, certain property disputes, and other issues where a court will weigh the different party’s obligations and rights. An appeal in a civil case may raise questions about monetary damages or the verdict itself.

Not all trial lawyers can or should engage in appeals since appellate law is a specialized type of practice that requires a different skill set than trial law.

In many states, there is just one allowable appeal per case. Beyond this, the higher courts can refuse to review your case. This is just one of the reasons why your appeal and choice in appellate attorney should both be as strong as possible.

Help from an Experienced Civil Litigation Attorney

Whether you have a complex litigation matter that you need help resolving or are unhappy with a case that has already been decided in the courts, it’s vital to have the help of an experienced civil litigation attorney. Contact an attorney in your area for a consultation to get started on your case.