Your Trusted Advocate for Civil Litigation Cases

Civil litigation is the process of resolving non-criminal disputes in court between individuals, businesses, or other entities. Common civil litigation cases include contract disputes, personal injury claims, and property disputes. The goal of civil litigation is usually to recover compensation or enforce specific legal obligations.

In North Carolina, the civil litigation process follows several stages:

– Pleadings: The plaintiff files a complaint, and the defendant responds with an answer.

– Discovery: Both parties collect evidence through depositions, document requests, and interrogatories.

– Negotiation and Settlement: Many cases are resolved through mediation or settlement discussions.

– Trial: If a settlement isn’t reached, the case goes to trial where evidence is presented to a judge or jury.

– Appeal: Either party can appeal the outcome if they believe legal errors affected the trial.

The timeline for civil litigation can vary, typically lasting several months to a few years. The duration depends on factors such as the complexity of the case, court scheduling, and whether it proceeds to trial. Cases that settle early can be resolved faster, while complex disputes with extensive discovery or multiple parties can take longer.

Common types of civil litigation cases include:

– Contract Disputes: Breaches of business or personal agreements.

– Real Estate Disputes: Issues involving property boundaries, lease agreements, or landlord-tenant conflicts.

– Personal Injury Claims: Compensation for injuries caused by negligence.

– Employment Disputes: Cases involving wrongful termination or workplace discrimination.

– Tort Claims: Seeking damages for harm caused by another party’s wrongful actions, such as car accidents and wrongful death.

Costs can include attorney fees, court filing fees, and expert witness expenses. Generally, each party is responsible for their own legal fees unless specified otherwise in a contract or statute. Some cases may allow for attorney fees to be awarded to the prevailing party.

While you can represent yourself, it is highly recommended to hire a lawyer due to the complexity of the legal process. An experienced civil litigation attorney can help navigate procedural rules, gather evidence, and negotiate on your behalf to increase your chances of a favorable outcome.

Mediation is a process where both parties work with a neutral third party to resolve disputes before going to trial. In North Carolina, mediation is mandatory in superior court cases and used for other types of often required for certain types of cases, including family law disputes and some business litigation, as it can lead to quicker and less costly resolutions.

Bring all relevant documents, including contracts, correspondence, photos, and medical records (for injury cases). Be prepared to discuss the details of your dispute, including any attempts to resolve the issue before litigation.

If you are served with a civil suit, you must file an answer with the court within a specified time (typically 30 days). Your answer should address each of the plaintiff’s allegations, either admitting, denying, or claiming insufficient knowledge. You may also file a counterclaim if you believe the plaintiff owes you damages. If you fail to respond in time, a default judgment may be entered against you.