Civil Litigation Lawyer Serving McKinney & Collin County
Real Estate Law, Business Law & Employment Law
At Lucé Law, PC, our team of McKinney-based litigation attorneys assists individual clients and business clients in North Texas. Whether you are seeking compensation or fighting a lawsuit filed against you, a civil litigation lawsuit is a complex process for anyone without legal experience. Our litigation lawyers help clients navigate each step of a case, from filing a suit to representation in the courtroom. For a dedicated, supportive legal team with decades of civil litigation experience, contact Lucé Law, PC for a free legal consultation.
At Lucé Law, PC, we have a strong background in civil litigation, and we are committed to helping every client win a fair outcome. We believe that access to the legal system is a right each person should have regardless of their ability to pay. We will do everything possible to assist you in your case including advancing filing fees, free advice, and taking cases on a contingency fee basis. Let our civil litigation attorneys help you today.
Our Main Civil Litigation Areas of Practice
As professionals in business and personal civil litigation, our attorneys are prepared to take on cases in all of the following areas:
- Business litigation
- Real estate litigation
- Personal injury litigation
- Fraud litigation
- Defense against business or personal lawsuits
If you have suffered because of negligence, deceit, or other misconduct by another party, we can help you seek justice. If you are in danger of financial loss and reputational damage because of claims someone else has made, we can help you protect yourself or your business.
Civil Litigation Cases
The term “civil lawsuit” describes any court case that is not considered criminal. The most common forms of civil suits include libel, slander, personal injury, and breach of contract. You can resolve the majority of civil litigation cases without ever stepping foot in a court of law.
Civil litigation cases occur fairly often, whenever one party seeks monetary compensation from another party or business. No prosecution occurs during the legal proceedings. Instead, the victim (or damaged party) will receive reparations equal to their personal losses. Cases that concern small damages do not ever reach the civil lawsuit stage. Instead, a small claims court handles the process. If you are not sure how to proceed in a civil litigation case, consider hiring a professional attorney.
Civil Litigation Attorneys You Can Count On
Civil litigation can be stressful, emotionally draining, and the stakes are often high. At Lucé Law, PC, we’re committed to supporting you every step of the way. We have a strong background in business law, including regulatory compliance, breach of contract, employment litigation, non-disclosure, non-compete disputes, intellectual property, and copyright law. Our experienced attorneys are also proficient in other realms of Texas civil law, including personal injury, wrongful death, and family law.
You can trust us to work relentlessly to win you the most favorable outcome possible. We serve as powerful advocates for those who need it most, children and the elderly. No matter who you are, we treat every person like our most important client and every case like our top priority. We will put all of our efforts into every step of resolving your claim, from the initial investigation to the eventual trial or appeal.
Civil Litigation Procedure
A civil lawsuit arises due to a dispute between individuals, businesses, or other entities, including government agencies. Civil lawsuits include pleadings, discovery, trial, and finally an appeal at times. However, some parties just choose to settle voluntarily before an appeal process takes place.
While this entire process may appear quite confusing to the everyday individual, to an attorney, this is all second nature. It comes as easily as opening the morning paper. This is why so many parties benefit from hiring an experienced attorney who understands the world of civil litigation and can lend a helping hand in a time when it is needed the most.
You start by filing your paperwork known as pleadings, which will explain each side of the dispute by each party, respectively. Throughout the case, discovery will be used to gather information from third parties or each party. It can all be tricky to skirt around, so having legal counsel will help.
How Long Will it Take to Resolve My Civil Lawsuit?
The amount of time it takes to settle a civil lawsuit can vary. Sometimes lawsuits settle rather quickly, in a few short weeks or months. However, some lawsuits may take multiple months, or even years, to resolve. If your case has a lot of parties, or the subject matter is complex, there may be delays in the court process. To get an accurate idea on how long your lawsuit can take, you should always talk with your attorney. They may be able to provide you with a more precise timeline depending on the particular facts in your case.
Is There a Deadline for Filing a Lawsuit in Civil Court?
Yes. These are called statute of limitations and are a time limit for how long you can wait until you file a lawsuit. The statute of limitations varies depending on the type of lawsuit you are filing. If you fail to file your lawsuit within the applicable statute of limitations, then you may be barred from bringing your case into court. It is crucial that you speak with a lawyer right away if you are contemplating filing a lawsuit. The clock starts to tick from the moment you were damaged. While one or two years seems like a long time, your attorney needs that crucial time to gather information and put together a strong motion to file in court. Bottom line, don’t wait and contact an attorney immediately.
Three Phases of Civil Litigation
A civil case typically involves the following stages.
- Pleadings – Formal documents submitted by both parties involved in a case.
- Discovery – The process of gathering evidence and information relevant to the dispute.
- Pretrial – Witnesses and evidence are prepared for trial.
- Settlement – Both parties may reach a settlement before a trial begins.
- Trial – If a trial is needed, both sides present evidence and question witnesses in the courtroom.
What Happens If the Defendant Does Not Respond to a Claim?
If you file a lawsuit, the court papers are served on the other party, and then they are given a certain amount of time to respond. If the defendant doesn’t respond to a claim, the plaintiff can request a default judgment in their favor. Typically the plaintiff would receive what they requested in the claim due to the defendant’s silence on the matter. It is never advised to ignore court papers after you have been served. If you need to file a suit and the defendant has been non-responsive, you need to talk to an attorney right away.
What Should I Take With Me When I Meet My Attorney?
When you meet with your attorney for an initial consultation, you will want to bring any court papers that have been filed in your case, any letters from the other party, your medical bills or damage estimates, and a personal statement regarding what occurred in your case. The statement should be objective, fact-based, and straight to the point. If you make all the information accessible to your attorney, it can help get your lawsuit filed much faster.
What Are Some Alternatives to Starting a Civil Suit?
Going through a civil lawsuit can be stressful, but depending on the situation, it may be necessary. You can always try alternatives to litigation before filing your civil suit. An attorney will initially send a demand letter to the other party. The letter explains your damages and your intention to file a lawsuit if they do not respond within a certain amount of time. You can also request alternative dispute resolution alternatives such as mediation or arbitration. If the other side agrees, these can be cheaper than trial and still result in a good outcome for your case. If the other party does not agree, then you may be forced to pursue a lawsuit as a means of recouping your damages.
How Does a Civil Litigation Get Started?
A civil lawsuit arises as a direct result of a dispute between people, businesses, or another entity such as a government organization. The lawsuit proceeds through a few distinct steps: pleadings, discovery, trial, and a potential appeal. Parties can choose to halt the process of their volition at any time to settle the case. The majority of civil litigation cases never actually reach trial. To start, each party will file initial papers, known as pleadings. These pleadings explain each side of the dispute. Litigation begins when the plaintiff officially files a complaint with the court of law and formally delivers a copy of the complaint to the defendant. The defendant then has a specific amount of time in which to file their response to the complaint. The answer will offer their side of the dispute. The defendant may also file a counter-claim against the plaintiff.
What Kinds of Things Should I Consider Before Pursuing a Civil Lawsuit?
Lawsuits are serious. They require time, energy, and money. Before pursuing a lawsuit, you’ll need to reflect on the situation. Not everyone has a valid claim — one that can be resolved using legal action. Do you? If you’re involved in a car accident, for example, and the other individual refuses to pay for damages, then you have a valid claim.
Next, you need to think about whether or not you have any standing — in other words if you’ve been substantially affected by the matter. For example, in the above situation, you would have proper standing if you were injured in the accident. To take it to the opposite extreme, you cannot file a complaint against a local construction company if their building is hideous. You’ll have no standing for the case. Speak with an attorney to consider whether or not you have a case.
How Do I Know If I Have a Legitimate Claim for a Lawsuit?
Any lawyer will tell you to sit down and carefully consider whether filing a lawsuit is the right move. This process is lengthy and costly. It doesn’t always have a positive result.
Of course, legitimate claims for lawsuits can vary. For example, if you’re on a cruise ship and the captain grounds the ship while inebriated, then you should certainly file a lawsuit against the cruise ship company for negligence. As a rule, the circumstances must be serious, and you must prove you’ve been directly affected by the incident. You cannot file a lawsuit for slander against your cousin. That case does not directly affect you or your standing. Only your cousin is affected. As you can see, there are several factors to consider. The easiest method to determine whether or not you have a valid claim is to speak with an attorney.
Common Questions About Civil Litigation Law
Many civil litigation cases are resolved without needing to go to court. Attorneys can often come to a resolution through negotiation, mediation or arbitration.
Civil litigation covers a broad area of focus including construction disputes, contract disagreements, corporate disputes, real estate law and employment lawsuits.
Alternative dispute resolution is a method for resolving legal disputes privately. Common approaches include negotiation, mediation, collaborative law and arbitration, used as a method to end disputes in a fast, cost-effective manner.
Contact a McKinney Civil Litigation Attorney to Get the Personal Support You Need
Contacting our firm is the first step to getting the compensation you deserve. Contact us if you would like a 100% no-obligation of free legal consultation, call (972) 632-1300 for assistance with accidents and injuries in North Texas. Joe Lucé and his team represent clients in cities ranging from Fort Worth, Plano, Frisco, Allen, and more.