What Are Civil Cases?
A civil case begins when a person or entity (such as a corporation or the government), called the plaintiff, claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the defendant are also referred to as “parties” or “litigants.” The plaintiff may ask the court to tell the defendant to fulfill the duty, or make compensation for the harm done, or both. Legal duties include respecting rights established under the Constitution or under federal or state law.
Civil suits are brought in both state and federal courts. An example of a civil case in a state court would be if a citizen (including a corporation) sued another citizen for not living up to a contract.
For example, if a lumberyard enters a contract to sell a specific amount of wood to a carpenter for an agreed-upon price and then fails to deliver the wood, forcing the carpenter to buy it elsewhere at a higher price, the carpenter might sue the lumberyard to pay the extra costs incurred because of the lumberyard’s failure to deliver; these costs are called damages. If these parties were from different states, however, then that suit could be brought in federal court under diversity jurisdiction if the amount in question exceeded the minimum required by statute ($75,000).
Individuals, corporations, and the federal government can also bring civil suits in federal court claiming violations of federal statutes or constitutional rights. For example, the federal government can sue a hospital for overbilling Medicare and Medicaid, a violation of a federal statute. An individual could sue a local police department for violation of their constitutional rights — for example, the right to assemble peacefully.
Should I Hire a Civil Litigation Attorney?
Deciding whether or not to hire a civil litigation attorney depends on the specific circumstances of your case. Civil litigation involves legal disputes between individuals, organizations, or entities that seek compensation or resolution through the court system. Here are some factors to consider when determining if hiring a civil litigation attorney is necessary:
- Complexity of the case: If your case involves complex legal issues, intricate facts, or multiple parties, it is advisable to hire an attorney. They have the legal expertise to navigate the complexities of the legal system and present your case effectively.
- Legal knowledge and experience: Civil litigation attorneys specialize in handling legal disputes and have in-depth knowledge of the relevant laws, regulations, and procedures. They can provide valuable insights and advice tailored to your specific situation.
- Potential financial consequences: If the outcome of the case could result in significant financial losses or gains, it is generally wise to seek legal representation. An attorney can assess the strength of your case, gather evidence, build legal arguments, and negotiate settlements to protect your interests.
- Time and commitment required: Civil litigation cases can be time-consuming and demanding. They often involve extensive research, document preparation, court appearances, and negotiations. Hiring an attorney allows you to focus on your daily responsibilities while they handle the legal aspects of your case.
- Alternative dispute resolution options: Depending on the nature of your case, there may be alternative dispute resolution methods available, such as mediation or arbitration. An attorney can guide you through these processes and help you determine the best approach for resolving your dispute.
- Risk assessment: An attorney can evaluate the strengths and weaknesses of your case, identify potential risks, and provide an objective assessment of the likelihood of success. This can help you make informed decisions and avoid unnecessary legal battles.
It’s important to consult with a qualified civil litigation attorney who can review the details of your case and provide personalized advice. They can assess the merits of your case, guide you through the legal process, and advocate for your interests in court, if necessary.
Houston Civil Litigation Lawyer
Working with an attorney can increase your chances of winning a civil litigation matter. Not only can they provide you with great legal advice, they can help you with every step filing a civil lawsuit to help you win your case.
Attorney Fuller is a seasoned attorney with nearly three decades of experience representing a wide range of clients. This includes individuals who have suffered an injury due to another’s actions, individuals facing criminal charges, those who have been arrested for DWI, individuals who have found themselves in a civil litigation dispute, and those looking for legal guidance in business.
After filling out a client intake form, Attorney Lanease D. Fuller will take appropriate action in your case to help you get the results you are looking for. This includes but not limited to gathering evidence, going to trial, and earning a settlement that is appropriate for your specific situation. Reach out to us today to take the first step towards settling your case.
LANEASE D. FULLER LAW
4615 S. Frwy St. 820
Houston, TX 77051
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