What Is Civil Litigation?
Civil litigation is a civil court process that involves two or more parties, usually referred to as the plaintiff and defendant, who are attempting to resolve a legal dispute. It is applicable in civil matters such as breach of contracts, property disputes, negligence claims and personal injury suits. In civil litigation, either party can bring a claim against one another with the goal of obtaining compensation or furthering their rights under civil law. The civil court process usually involves gathering evidence, filing documents with the court, exchanging information with opposing parties, analyzing relevant legal precedents, offering arguments regarding civil law at the hearing or trial and often settling out of court through negotiations. Litigation is an important civil law process for ensuring fairness in civil disputes and providing remedies for injured parties when justice requires it. Depending on the specific details of the civil case, proceedings can often take months or even years before all issues are resolved in court.
What is the Main Purpose of Litigation?
The main purpose of civil litigation (a legal dispute between 2+ parties usually seeking monetary compensation) is to provide relief and resolve disputes ranging from damages inflicted by civil wrongs, to contract violations, to tortious acts. Litigation seeks to provide a fair outcome based on civil law that respects the rights of individuals or entities involved in civil disputes.
Civil Litigation Cases We Handle
Our Alpharetta civil litigation lawyers handle a wide variety of civil litigation cases throughout Georgia:
- Appeals - An appeal in civil litigation is a formal process wherein the decision in a civil trial is reviewed by a higher court. It serves as an opportunity to correct any errors that may have been made during the course of civil trial proceedings. In civil trials, appeals are often utilized if there exist discrepancies between legal provisions and established practices or peculiarities within grounds for dispute. An appellate court can grant or deny an appeal.
- Contract Disputes - A contract dispute occurs when obligations outlined in an agreement between two parties are not fulfilled. This contract can involve services or goods provided, or a breach in terms set out in the contract itself. If there is a disagreement over contract terms, either party can contact a mediator or lawyer and use evidence to prove their case and resolve the conflict accordingly. To avoid contract dispute complications, it is essential to consult legal representation for both small and large contract agreements.
- Construction Litigation - Construction Litigation refers to the legal process of resolving construction disputes, such as negligence, contract breaches, and construction defects. These cases can end up in court and may involve multiple parties, including construction firms, subcontractors, material suppliers, homeowners and lending institutions. When construction disputes become too difficult to resolve internally between the parties involved, construction litigation releases these tensions by bringing all the parties together with a third-party neutral like an arbitrator or mediator. This litigation process often involves the gathering of evidence, witness testimony, professional expert services and more in order to reach a fair resolution that satisfies both sides of the dispute.
- Real Estate Tax Appeals - Real estate tax appeals in Georgia are a process for those who feel that their real estate taxes are too high. Property owners can appeal their assessment if they believe the amount of their real estate taxes is not equitable to the assessed real estate value of their property. The process involves filing an appeal with a local Tax Assessors Office or Board of Tax Assessors, which reviews each application and makes a formal determination as to whether or not the owner qualifies for a real estate tax reduction. This determination may be dependent on financial information, detailed pictures and statements provided by each applicant, as well as other pertinent real estate data. If approved, the owner can expect to see reduced real estate taxes in the next payment period.
- Arbitration & Mediation - Arbitration and mediation are both popular methods of alternative dispute resolution (ADR) used to negotiate settlements in various types of disputes, such as business, employment, and family matters. Arbitration is a process in which one or more neutral parties take the role of judge and jury to resolve dispute, usually alongside legal counsel representing each side. Arbitration decisions may be binding or non-binding, depending on the agreement between the parties. Mediation on the other hand involves a neutral third party who acts as a facilitator to help parties come to an agreement that fits everyone’s needs. Both processes offer faster resolution than traditional litigation and usually cost less money in legal fees.
- Professional Liability - Professional liability litigation cases are those that involve a professional making an error or negligence. In the state of Georgia, professional liability refers to any service or advice provided by a professional that fails to meet the accepted standards and causes harm or financial loss. Professional liability lawsuits can be filed in cases such as medical malpractice, accounting errors, legal advice gone awry and architectural mistakes. Professional liability cases do require evidence gathering, detailed investigation into the chain of events leading up to the lawsuit as well as expert testimony from professionals in related fields in order to provide an accurate assessment and enable proper resolution to the dispute.
- Zoning & Land Use - Real estate zoning litigation is an essential component of zoning and land use law. Zoning regulations are designed to protect public interests in zoning-related matters, maintain property values, and guard against unrestricted building. When zoning restrictions are not followed or disputes arise regarding zoning ordinances, real estate zoning litigation becomes necessary. An experienced zoning attorney can help to ensure that zoning authorities follow the law and adjudicate zoning disputes as quickly and economically as possible while respecting the rights of all involved parties. Through thorough legal analysis and creative problem-solving skills, our zoning and land use attorneys in Alpharetta can be a valuable resource for businesses and individuals dealing with zoning issues throughout Georgia.
Three Basic Stages of Civil Litigation in Georgia
Civil litigation in Georgia typically follows a three-stage process. The first stage is pre-litigation, which includes filing a complaint with the court and negotiating any potential settlements between the parties. Next is discovery, during which relevant evidence is gathered from both sides. Finally, civil litigation in Georgia moves on to trial proceedings where witnesses can be questioned and testimonies are heard, leading up to either a verdict or settlement agreement. Depending on the case, civil litigation in Georgia may require more stages or fewer than the three basic procedures listed here. However, a majority of civil cases will go through pre-litigation, discovery and trial proceedings before reaching resolution.
How Do I Know If I Need a Civil Litigation Attorney?
Knowing when you need a civil litigation attorney in Georgia can be confusing and overwhelming. Many civil matters can be resolved through negotiation, making it difficult to determine whether you require legal representation. If your civil issue involves financial compensation for damages, a contract dispute, or an appeal of a civil court ruling, speaking with a Alpharetta civil litigation attorney is the best way to ensure you're getting the proper guidance for your case. Civil litigation attorneys specialize in civil issues and can provide the knowledge and expertise needed to effectively represent clients in such matters. In addition, civil litigators can answer questions about laws specific to Georgia and explain how those laws apply to your situation. With their help, you'll be better informed to make important decisions during your civil matter.
Our Knowledge Is Our Strength
Civil litigation cases can involve any sort of disagreement or wrongdoing at any level, from a straightforward dispute between neighbors to a complex case that goes through various levels of municipal, state, and federal courts.
Our Alpharetta litigation lawyers have experience working on a wide variety of civil litigation cases such as appeals at the local, state, and federal levels; contract disputes; construction litigation; real estate tax appeals; arbitration and mediation; professional liability; and zoning and land use cases.
We are always prepared to take your case to trial, if necessary. Our attorneys thrive in a courtroom setting.
If you are involved in a conflict or dispute that you think could lead to a civil action, you may want to contact a civil litigation attorney in Alpharetta sooner rather than later. Having quality legal advice can impact the decisions you make before you end up too far down the wrong path.
Call us today at (770) 574-6688 to discuss your case, or email us via our convenient online form.
