Bedford Real Estate Attorney
Civil litigation will occur when two or more parties are involved in a legal disagreement that involves seeking compensation or action.
A Colleyville civil litigation attorney at Mitchell Nachtigal Law can represent a client in hearings, arbitrations, mediations, and trials before state and federal courts and administrative agencies. At Mitchell Nachtigal Law, our firm has extensive experience in civil litigation and takes a hands-on approach to every case from the first meeting with a client through investigation, settlement negotiations, mediation, arbitration, and trial. Most cases are settled either through negotiations with the other side or with help from a mediator or arbitrator However, every case must be evaluated at the outset as if it could go to trial so that financial risks, evidence, and benefits are always put in the most important perspective.
What is Civil Litigation?
There are many types of disputes that fall under the term civil litigation. These disputes or conflicts between businesses or people are resolved by settlement negotiations, orders from the court or payment of money as opposed to criminal prosecutions that are brought by the government. Civil litigation has different rules on evidence and discovery and offers more potential methods of reaching resolutions.
Types of Cases Civil Litigation Lawyers Handle
A civil litigation attorney will advocate on behalf of their clients in many types of civil litigation matters, including cases that relate to:
Civil litigation attorneys represent clients in real estate disputes that can arise from sale and purchase contracts, boundary disputes, easements and licenses, leases, evictions, non-disclosure of important information prior to the sale, and residential or commercial landlord-tenant disputes.
Individuals and businesses often have disagreements over the performance of a contract. Whether a case stems from a changed interpretation of language within the agreement or a change in circumstances, or an alleged failure to perform, our firm offers strong advocacy and advice.
A conflict can develop concerning remodels of commercial and residential buildings, repairs, or new construction. These disputes have specific substantive and procedural laws and are usually quite complex legally and factually and involve specialized experts. Our firm can advocate on behalf of clients who are engaged in disputes over alleged breaches of contractual obligations, defects in the work of subcontractors and contractors, claims of deficiencies, and standards of care.
Personal Injury Claims
Our attorneys are proven litigators who represent people who have been injured as the result of negligence by another person or entity. We offer our clients special insight into negligence claims. Our attorneys handle a wide range of personal injury cases including dog bites, slip and falls, motorcycle accidents, auto accidents, premises liability, and more.
Why a Civil Litigation Lawyer Will Be Invaluable During this Time
If you have never been involved in a civil litigation case, you're unsure whether you have a valid case, or you don't know how to proceed, working with a civil litigation attorney will be invaluable. An attorney with experience can answer any questions you may have regarding the process, ensure all the required paperwork is filed correctly and on time, and can gather vital evidence that will help build a strong case. They can also handle insurance companies who may be pressuring you to accept a low settlement amount.
Essentially, the goal of a civil litigation lawyer is to protect their client's rights and the integrity of their case. The attorneys at Mitchell Nachtigal Law will work tirelessly to make sure you receive the compensation you deserve whether your case involves an auto accident, construction dispute, real estate issue, and more. Our attorneys have several years of experience in the legal field and know how to negotiate for a fair settlement on behalf of their clients. When you work with one of our attorneys, you can have peace of mind knowing that your case is in the best of hands.
Remedies in Civil Litigation Cases
In civil matters, legal relief is typically granted through an award of damages to successful plaintiffs. In some cases, a party will pursue an equitable remedy, such as injunctions to stop defendants from engaging in certain types of conduct. Our attorneys can give you informed, honest advice regarding the potential remedies that are available given the facts of your case and the applicable law.
Common Steps in a Civil Law Case
Although every civil law case is unique, each case makes its way through a series of steps. If you plan to pursue civil litigation against another person or entity, you must first speak with a civil litigation lawyer to understand the process. A lawyer can help you determine whether you have a solid case and what the best course of action is.
If you've decided to move forward, the next step is an investigation. Your lawyer, will dig into the details of the case and obtain the proof needed to build a solid case.
Next, both parties will file pleadings. Pleadings are initial court documents that explain each side of the story. A plaintiff's pleading is referred to as a complaint. This document states the wrongdoings of the defendant and what the plaintiff wants out of the case. The complaint will be officially delivered to the defendant.
After the complaint has been served, the defendant can create a reply called the answer. The answer will allow the defendant to ask for more clarification on the case or will answer the accusations.
Once the pleadings have been received by the court, discovery begins.
The discovery phase involves legal research, witness interviews, document reviews, and other steps that will determine as many facts as possible regarding the case. Lawyers may call up expert witnesses who can validate their arguments, and they may have these expert witnesses testify when the case goes to court. During this process, a lawyer will request special documentation, examine the scene in question, and can request statements for people who were involved in the case. This process can be very time-consuming, and this is where a lawyer will spend the most time.
Once both sides have finished with the discovery process, the case will head to pretrial. During this phase, your lawyer and the lawyer for the other party involved typically will begin negotiations. In some cases, both parties can reach an agreeable settlement during this phase, which can save both the plaintiff and the defendant from the frustration and costs of going to trial. Either party during the pretrial stage can also use motions to request that the court dismiss parts of the case or request that the court make a ruling before the case heads to trial.
If both parties are unable to reach an agreement during the pretrial phase, then the case will proceed to trial.
The case may or may not involve a jury, this will depend on the circumstances of the case. Before the trial, the defendant and plaintiff will provide their briefs to the judge. The briefs outline the plaintiff’s and the defendant’s evidence and arguments. During the trial, each party has the option to make an opening statement, then pursue questioning and arguments, and finally, make a closing argument. After this point, the judge and jury will decide the verdict.
Many civil litigation cases are settled out of court. While others are settled during the trial before a verdict is announced. If the case proceeds through the entire process it can take several months or even years to complete.
The goal of the civil litigation process is not necessarily to go to court, but rather to reach a settlement that both parties agree on. In most cases, settlements involve the winning party receiving compensation from the other party, but it can also involve some actions from the defendant that don't involve compensation.
If a case proceeds to trial, both parties will have a limited amount of time to file an appeal if they don't agree on the outcome. There are strict rules for appeals and appeals may only be filed under strict procedural considerations.
Statute of Limitations
In the state of Texas, the statute of limitations for civil cases can range from one to five years, and sometimes longer, depending on the severity of the claim. Failure to file a claim within this time frame can have your case dismissed from court. This means you will be unable to pursue a claim for compensation.
Contact a Texas Civil Litigation Lawyer Today
If you're facing a civil litigation case, time is of the essence. Contact a Colleyville civil litigation lawyer at Mitchell Nachtigal Law as soon as possible to stay within the statute of limitations and to begin the discovery phase while evidence is still fresh. An attorney needs time to gather evidence and build a strong case on your behalf. Contacting an attorney as soon as possible will give your case the best chance of success.
Speak with one of our civil litigation attorneys today to discuss your case and let us help you fight for the compensation you deserve.