Have you been injured, physically or financially, by another individual? Or have you received a notice that you are being sued? Whatever your situation may be, dealing with a legal dispute can be stressful, expensive and, quite frankly, overwhelming.
We are here to help resolve those legal issues for you.
At Foster Massengill, PLLC, we provide experienced and trusted civil litigation representation to individuals, families and businesses throughout Ellis County and the Dallas-Fortworth Metropolitan Area. We take a common sense approach to the practice of law, seeking resolutions rather than picking fights. Along the way, we keep our clients informed and up to date on the progress of their case, putting them at peace of mind.
The need for civil litigation can arise for a number of reasons, including personal injury, contract disputes and construction defects. Regardless of the reason, civil litigation can have a major impact on every facet of your life. You can schedule with us today by calling (972) 878-9105.
What is Civil Litigation?
Civil cases involve private citizens or companies that sue each other in court. These types of cases do not deal with violations of criminal law. Civil litigation is not so much a specialty, but more like an umbrella term that encompasses a variety of potential legal disputes.
Types of cases that may be resolved in civil litigation include:
- Business disputes
- Personal Injury
- Landlord/Tenant disputes
- Product liability claims
- Family law disputes
- Breach of contract
In civil cases, unlike criminal cases, you do not have a right to a court appointed lawyer. This means that you must hire a lawyer or find an attorney to represent you pro bono. Some litigants may even choose to represent themselves.
The outcome of a civil case can be determined in a variety of ways. Some civil cases are decided by a judge. Others can be decided by juries.
In most civil cases, the burden of proof falls on the individual or company filing the lawsuit. This means that they are responsible for demonstrating why their claim should prevail. The defense, or party being sued, may claim a number of defenses or attempt to diminish the value of the claim in a number of ways.
Whichever party wins must meet a standard of proof called “preponderance of the evidence,” simply meaning that the facts they are claiming are more likely than not to have occurred.
The majority of civil cases are resolved outside of the courtroom through a settlement that both parties agree to. In many cases, this involves financial compensation aid by the losing party to the winning party. However, this may also include some action or acknowledgement from the losing party that does not include money. Settlements can be negotiated before, during or at the end of a trial.
Most civil cases involve time limitations for filing a claim, known as a Statute of Limitations. This time limit varies state by state, and case by case. If you believe you have a claim, it is important to act quickly to ensure your rights are protected.
Do I Need a Civil Litigation Attorney?
If you are facing a lawsuit, or have been physically or financially harmed by someone else, you likely have a lot of questions about what to do next. An experienced civil litigation lawyer can help answer those questions and layout a plan to resolve your legal conflict.
There are a lot of attorneys out there who promise to “fight” and aggressively pursue your case at all costs. At Foster Massengill, PLLC, we recognize that every client has different needs and different goals. We take a common sense approach to the law and seek solutions that are tailored to the needs of our individual clients.
Call us today, or message us through the website to schedule your consultation today.
