Civil Litigation Lawyers
If you face a dispute with another person or a company that requires seeking legal action to resolve, do not hesitate to contact the Law Offices of David L. Powell. We might be able to represent you by litigating your case or trying to resolve the matter in mediation.
Civil cases often involve disputes between two or multiple parties. Pursuing a lawsuit might be necessary to recover compensation, hold someone liable for their actions, or resolve a dispute before a judge. Whether you decide you want to attempt to negotiate a settlement or take your case to court, our civil litigation lawyers in Ozark, AR, can help.
Although you might think you can handle your case alone, the reality is that civil cases are more complicated than most people realize. Lawsuits involve various steps, deadlines, paperwork, and procedures. You must draft legal documents to file with the court and prepare for a trial in front of a judge or jury. Investigating cases and obtaining the evidence you need can be challenging. You should have an experienced legal team by your side to guide you through the process.
At the Law Offices of David L. Powell, we have over 20 years of experience in litigation. Our trial attorneys understand the complexities of various civil disputes. Whether you want to sue your landlord, business partner, ex-spouse, or someone responsible for causing your injury, we are ready to take legal action on your behalf. When you hire us, we will review the situation and create a personalized strategy to meet the unique needs of your case. You can depend on us to fight hard to try to reach your desired outcome.
Call the Law Offices of David L. Powell at 479-222-6773 today for your free case evaluation with one of our dedicated and trusted Fort Smith civil litigation lawyers.
Understanding Civil Litigation
Civil cases are similar to criminal matters when it comes to the fundamental process. Each party can present their argument in federal or state court. The judge or jury reviews the evidence and makes a judgment based on the facts presented to them. The major difference between civil and criminal cases is that civil cases involve disputes, sometimes with monetary losses, while criminal cases involve crimes.
Civil litigation is a non-criminal legal process where one party pursues a lawsuit against another. The parties involved can be governmental agencies or employees, private individuals, or businesses. Litigating a case in court means there is a plaintiff and defendant. The plaintiff seeks some sort of judgment against the defendant, whether it’s compensation for a car accident or a court order for alimony payments.
Differences Between Civil and Criminal Cases
Criminal and civil procedures require following multiple steps and complying with various state laws. Both involve the goal of seeking justice. However, the end result is significantly different. Criminal defendants face sentencing, such as imprisonment, fines, community service, and probation. Civil defendants often face financial penalties for their misconduct.
It can be more challenging to prove that the defendant is guilty in a criminal matter because the burden of proof must be met to a higher standard. The prosecutor must prove guilt beyond a reasonable doubt. The process requires providing solid evidence, witness testimony, and other elements. On the other hand, a civil lawsuit has a lower burden of proof. Although it can be difficult to show fault, demonstrating what happened is a bit more straightforward than in criminal cases.
The Role of a Civil Litigation Attorney
Civil litigation attorneys are also called trial lawyers or litigators. Their job is to represent the company or individual wronged by someone else in a non-criminal matter. A trial lawyer’s responsibilities can vary depending on the circumstances of the case. Sometimes, resolving the dispute is possible through arbitration or mediation. In other circumstances, a time-consuming trial is the only way to conclude the matter, whether the result is positive or negative for the plaintiff.
The Ozark civil litigation lawyers of the Law Offices of David L. Powell represent clients in a range of civil proceedings, including:
- Pre-trial hearings
- Settlement conferences
No matter what step of the civil process you face, the Law Offices of David L. Powell can step in and handle it.
Common Types of Civil Litigation Cases
Civil litigation can result from a wide range of circumstances. The most common types of civil cases are below.
Business owners can find themselves in a legal dispute with other parties, such as:
- Business partners
As a business owner, you can encounter various issues that require litigation, such as:
- Breach of contract
- Trade secrets
- Non-compete agreement
- Dissolution of partnership
- Unfair business practices
- Breach of warranty
Landlord and Tenant Disputes
Landlords and tenants enter into agreements requiring each person to fulfill their duties and obligations. The tenant must pay a specific amount in rent to reside in the landlord’s rental property. One party might discover that the other has not met the terms of the contract.
For example, the landlord promised to return the security deposit within a specific number of days after the tenant vacated the property. However, the landlord decided to hold onto the full amount due to damage they claim the tenant caused.
Various other disputes can arise between landlords and tenants that lead to lawsuits. The most common include:
- Breach of the lease
- Unpaid rent
- Unsafe or unhealthy living conditions
- Wrongfully withholding the security deposit
- Unlawful eviction
- Retaliation by the landlord for tenant’s complaints
Anyone can find themselves in a financial dispute with another party. They happen between lenders, insurance companies, banks, creditors, brokers, and additional entities and individuals. Litigation might be the only course of action you can take when facing complications with your financial affairs.
Common financial cases in civil court include:
- Compliance issues
- Loan default
- Securities fraud
- Violation of privacy
Real estate can be a valuable asset to individuals, developers, property management companies, and others. Unfortunately, matters involving the building, selling, purchasing, and modifying of property can lead to a range of issues between the parties involved.
Common types of civil real estate problems you could encounter include:
- Boundary disputes
- Property contracts
- Building permits
- Property titles
Personal injury refers to an injury someone’s negligence causes to another party. When you get hurt in an accident that isn’t your fault, you can pursue legal action against the negligent party. Holding someone liable for your injury might require filing a civil lawsuit against them.
Cases involving personal injury can include:
- Medical malpractice
- Slip and fall
- Workplace accidents
- Wrongful death
- Motor vehicle accidents
Family Law Matters
Whether you’re filing for divorce, petitioning for a protective order, or negotiating the terms of child custody, you can face obstacles that delay the process. Settling the matter outside of court might not be possible if you experience resistance from the opposing party. Every dispute does not need to result in a lawsuit. However, litigation is often the only option available when you can’t reach an agreement.
You can pursue a lawsuit for a range of family law issues, including:
- Child support
- Modifications to a court order
- Divorce proceedings
- Prenuptial agreements
- Domestic abuse
- Spousal support
Issues in the workplace can have far-reaching consequences. Unfair termination affects the individual’s livelihood and the family they support. Harassment and discrimination create unfavorable working conditions. It’s unfortunate that resolving these problems can only happen by filing a lawsuit.
Employment matters that often result in litigation include:
- Overtime violations
- Labor union disputes
- Wrongful termination
- Unpaid wages or benefits
At the Law Offices of David L. Powell, our civil litigation lawyers in Fort Smith, AR, know how to build cases involving any dispute related to a civil matter. We have experience investigating numerous scenarios and gathering the available evidence to prove what happened. You can expect our team to protect your rights and fight by your side until the end.
How to Avoid Trial in a Civil Case
It is your right to file a lawsuit in civil court. However, you might have other options for resolving the issue without proceeding to trial. The two main alternative dispute resolution types are:
- Mediation – Opposing parties can meet with their attorneys and a mediator to try to settle the matter outside of court. During mediation, the mediator communicates each side’s arguments to the other. The parties involved in the case try to come to an agreement among themselves. The mediator isn’t responsible for making any decisions. They’re there to offer possible solutions.
- Arbitration – Arbitration is similar to mediation. Both parties meet with an arbitrator to discuss the case. Each side can present evidence, witness testimony, and other information to argue their position. However, the arbitrator is the one to make the final decision to settle the dispute.
The Law Offices of David L. Powell can represent you during mediation or arbitration if you want to try to settle your case before trial. We will try to find a way to protect your interests, so you walk away with what you rightfully deserve.
The Law Offices of David L. Powell believes in advocating for our clients. You will be our top priority while we pursue legal action for the dispute you face with another person or a company. Our Ozark civil litigation lawyers will aggressively seek a favorable resolution to the matter so you can put this stressful ordeal behind you.
If you need legal representation in a civil case, call the Law Offices of David L. Powell at 479-222-6773 for your free consultation today.