LITIGATION

The complex and often emotionally charged nature of civil litigation cases requires persuasive and convincing representation.  Working as counsel for plaintiffs and defendants, CLAW has successfully tried to verdict or otherwise resolved a wide range of matters involving complicated insurance, negligence, engineering, and scientific issues. 

Corroborated by the sheer number of successful outcomes obtained for our clients, CLAW understands the dynamics that exist at the intersection of law, fact, and emotion in civil litigation cases. And we possess both the technical expertise and the empathy to represent clients effectively while honoring their values and ultimate objectives.

 

Each case we handle is staffed leanly and strategically, unlike Big Law’s default strategy of stacking layers of lawyers onto a single matter, all charging exorbitant hourly rates. Experience proves that having a small team involved in all aspects of the client’s representation produces a more coherent and efficient litigation plan, resulting in a better outcome for the client. 

What is civil litigation?


IT'S WHAT WE DO. Civil litigation covers a broad spectrum of legal proceedings, encompassing all areas of law other than criminal. Civil law is generally divided into two primary branches: torts and contracts. Civil cases are tried in civil courts (just as criminal cases are tried in criminal courts), and the remedy ususally sought is some form of financial compensation.




What is the difference between tort and contract law?


NIGHT AND DAY with some gray thrown in. A tort in essence is an act that causes another person to suffer loss or harm, resulting in legal liability for the person who commits the "tortious" act. Motor vehicle accidents result in the vast majority of tort claims falling under the wide umbrella of negligence. Contract law, on the other hand, is the area of civil law concerned with interpreting agreements between parties and resolving disputes. Contract law is the basis of all commercial dealings, from buying a bus ticket to trading on the stock market.




How long do I have before filing a civil lawsuit?


IT DEPENDS. Tort claims in Alabama, for example, are required to be filed within two years following the date of the tortious act or accident. There are exceptions, however, so be careful. For example, fraud cases must be filed within two years following the date of the fraud OR the date that you could have reasonably discovered the fraud.




Can I settle my case out of court?


ABSOLUTELY. A high percentage of civil cases are settled. In many instances, it may be in your best interest to resolve your dispute without going to court. The lawyer you hire can advise you when settlement is appropriate, what type of settlement is fair and when litigation is your best option.




How long does a lawsuit take from start to finish?


AGAIN, IT DEPENDS. The order and progress of the investigation of the potential lawsuit, as well as the initial filing of the lawsuit, should that become necessary, is a process which cannot be accomplished in a short period of time if it is to be handled properly. To best represent you, it is generally in your best interest not to hurry the process of litigation. That being said, the lawyer you hire should resolve your situation as quickly and as diligently as possible, always keeping your best interests in mind.




So what does the process involve?


SIX STAGES, more or less. First, we investigate your claim thoroughly and, if we take your case and you decide to hire us, file a lawsuit. Second, there is a "discovery" stage where the parties exchange information and documents and take depositions. Yours included. Third, a stage may occur where the court hears various motions before setting your case for trial. Fourth, mediation in civil cases is no longer the exception to the rule, and courts are quick to order it. Fifth, if the case isn't settled by mediation or negotiation, we go to trial. And the sixth stage, if necessary, is the filing of or responding to any appeal.





GO DEEPER