The Top 5 Types of Civil Litigation Cases
Let’s talk about The Top 5 Types of Civil Litigation cases and how you can protect yourself.
To start, what is civil litigation, and what makes it different from criminal cases? Civil litigation is the legal process used to resolve civil disputes. These are disputes that don’t involve criminal allegations. They could involve anything from car accidents to breaches of contract. One party in a civil case usually sues the other party (or parties) for damages incurred as a result of the dispute. In Virginia, civil cases are brought before a judge in either a general district court or a circuit court, depending on how much in damages are claimed. If you find yourself in a civil dispute, it’s a good idea to find an attorney who is licensed in your state.
What are the different types of civil litigation cases, and what makes them unique? Below, we’ve listed the top 5 types of civil litigation cases and examples for each.
The Top 5 Types of Civil Litigation Cases
1. Breach of Contract:
When there is a legal, binding contract and one party fails to fulfill their part, that is a breach of contract. Here’s an example. Suppose you have hired a contractor to renovate your kitchen. After they leave, you realize the work was not completed. Maybe you notice poor craftsmanship. Did your contract stipulate a certain quality of work or a specific deadline? If these conditions aren't met, this would be a breach of contract.
If this happens to you, you may need to sue the contractor. You could also issue a demand letter asking them to settle the breach of contract. But first, you should ask your attorney to review the contract. Ideally, your attorney would have reviewed it before signing. They can identify the best course of action. You may settle the dispute out of court, or you may sue in a civil court for damages or other forms of restitution.
In business, a breach of contract can be a failure to deliver a product or deliver it on time. Maybe your company provided the products or services, and the recipient will not pay. Your contract with these businesses should detail what happens in these cases. If there is a breach, you can sue for damages.
2. Negligence:
When a person or business fails to do something to reduce unreasonable risk, that is negligence. So how does this play out in real life? Suppose a neighbor invites you to a gathering at their home. As you head up the front steps of their house, the stairs collapse, causing you to break your leg. Upon investigation, it becomes clear that the wood in the steps was rotten. Your neighbor was responsible for repairing or replacing them, but they failed to do so. They also failed to disclose the condition of the steps to their guests, so you couldn’t exercise caution. In this case, your neighbor had a duty to disclose a dangerous condition to you, and in not doing so they are negligent. As a result of your injury, you can sue for negligence.
If you want to prove negligence, you must meet the following four conditions:
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- First, you would have to prove the defendant had a legal duty to treat you with reasonable care.
- Second, you must prove the defendant failed to meet the expected level of care. In other words, you must show that they breached their duty.
- Third, you must prove that the defendant’s breach caused you injury or harm.
3. Personal Injury:
Personal injury cases arise when someone is injured due to an accident. These injuries can either be physical or psychological. For instance, a business fails to provide safe working conditions by not maintaining its equipment. An employee is injured using that equipment, and they sue for personal injury. Another example is an auto injury. Suppose you’re driving along one day when a car comes out of nowhere and causes you to crash. You then find out that the other driver ran a stop sign because they were texting and driving. That means they weren’t paying enough attention to the street. In this case, you may be able to file a personal injury lawsuit based on negligence. An attorney would usually file the lawsuit on your behalf in a civil court and represent you.
4. Land Disputes:
Land disputes arise when there is a disagreement over who owns a property or the location of property lines. For example, you may inherit a piece of land after someone in your family dies. But once authorities locate the will, it turns out your relative actually gave the land to someone else in the family. Or even worse, they didn’t leave a will, causing you to start fighting over the land.
Another type of land dispute involves boundaries. Let’s say your neighbor decides to build a fence, but you think it’s on or over the property line. Maybe it’s a new building that is too close to the property line. In either case, it’s best to check with your city or county assessor’s office to get a copy of your plat map that shows the boundaries. If your neighbor has infringed on your property, you have a land dispute. If this happens to you, an attorney can represent your interests.
5. Business Life Cycle Process Disputes:
There are many different types of business disputes. One of the most common is when two or more owners of a business disagree on the direction the business is going. One owner might feel like their voice isn’t being heard in the decision-making process. Sometimes, these disputes can give way to a deadlock, or one owner may freeze the other(s) out of the business and its accounts. In either case, it’s important to consult with an attorney, so your interests are represented. As is the case with any contract, it’s a good idea to have an attorney review your business partnership agreement before you do any actual work together. This way, you have legal protection throughout the duration of the partnership.
Archangel Law Group – Civil Litigation
If you’re dealing with one of the top 5 types of civil litigation cases or any other civil case, Archangel Law Group is here to help! It’s important to work with an experienced attorney licensed in your state.
Civil litigation is one of our practice areas. If you bring a civil dispute to us, you can trust that we will handle your case with confidentiality, dedication, and honesty. We know civil cases can cause a lot of stress, but we’re here to advocate for you every step of the way! Whether you want to sue, or you’ve been sued in a non-criminal case, reach out to us today.
We are proud to represent clients in legal matters pertaining to Civil Law, Construction Law, Wills, Trusts & Estates, Business Law, and Family Law. We serve clients in Chesapeake, Virginia Beach, Suffolk, Portsmouth, Norfolk, Newport News, and Hampton. This includes the surrounding counties of Hampton Roads, Virginia. We are here to discuss your specific needs and answer your questions. Contact our firm at (757) 389-7383 or get in touch with our staff by emailing us.