Civil Litigation Attorney in Mobile, Alabama

If you’re involved in a civil dispute, great care and consideration should be taken so that it doesn’t needlessly turn into a lawsuit. Even a seemingly minor disagreement has the potential to bring with it legal action if steps aren’t taken to address and resolve the dispute, and this is true whether you started the conflict yourself or if you’ve found yourself on the receiving end of it.

That said, even if you do everything right, you still could find yourself facing civil litigation. In any case, the single most effective thing you can do to protect yourself is to reach out to a civil litigation lawyer who can advise you on your best options. If you’re in the Mobile, Alabama, area, including Baldwin County, Mobile County, Fairhope, and Daphne, reach out to our team at The Seawell Firm, LLC. 

What Is Civil Litigation?

Civil litigation is the legal process by which two parties can resolve disputes or victims who have been harmed in some way by another party can seek redress and ask for damages. Unlike cases in the criminal justice system, a civil claim does not attempt to punish one party over another or deter one party from some action. Instead, a civil claim provides a means for people to seek compensation (usually monetary) for damages.  

Common Types of Civil Litigation  

Civil disputes are incredibly common, and at some point in life, nearly everyone will find themselves entangled in a disagreement like this. Most of the time, these conflicts won’t require the services of an attorney and won’t end up in the courtroom, but it’s always best to educate yourself about these possibilities so you’re prepared should they occur. Some of the more common types of civil litigation we at The Seawell Firm, LLC are able to handle include:  

• Real estate disputes: Real estate disputes are some of the more frequent cases we see since everyone needs a place to live. Whether you rent or own, there are always circumstances where disputes may arise. This could take the form of a landlord/tenant dispute over concerns like repairs or maintenance, nonpayment or late payment of rent, or an unwarranted eviction. For homeowners, there may be boundary disputes with a neighbor or commercial real estate disputes. 

• HOA disputes: If you belong to a homeowner’s association (HOA), you pay a set amount of money regularly in exchange for certain services for your home or neighborhood (for example, maintaining common areas like pools, walkways, or landscaping). When these services aren’t completed per your contract or you don’t feel the HOA is fulfilling its role the way it should, it could result in a dispute. 

• Contract disputes: Whenever you enter into a contract with another person or party (for example, a real estate contract), it’s essential you do your due diligence to fully understand its terms and both party’s obligations under it. If one party violates the terms of the contract, this can lead to legal trouble if it’s not resolved in a timely manner. 

• Collections disputes: If you’re being harassed by debt collectors, we can help you take legal steps to stop their harassment and ultimately find financial relief. This is especially true if you’ve already declared bankruptcy and are still being harassed.   

• Other civil disputes: The above are only a few examples of common disputes, but these don’t encapsulate everything that could happen. Partnership disputes, class action cases, or complaints against a city or government are also examples of civil disputes. 

The Civil Litigation Process 

Importantly, the best thing you can do for yourself if you find yourself in a civil dispute is to contact a reputable lawyer who can help. Though it may seem like a big step to involve a legal professional, this is actually your best chance to avoid stepping into a courtroom. An attorney can work as a mediator and a negotiator on your behalf to resolve the conflict in a way that serves and respects all parties involved. 

However, if there is no way to avoid a lawsuit, your lawyer can ensure that you have the best representation possible. If you need to file a claim, you’ll first need to gather and organize enough evidence to support your case before you can start the first step which is called “pleadings.” Here, each party will be able to present their side of the dispute.

Then, the case will move through the discovery phase where evidence is shared between the two sides and legal counsel is able to interview witnesses. After this begins the trial phase where your case will be heard in court.