Civil litigation is a broad term for any lawsuit in which a person seeks a remedy for harm caused by someone else, or seeks court intervention in a non-criminal matter. If you wish to pursue a claim for damages in a civil lawsuit, you should retain an aggressive attorney who will zealously pursue your desired outcome. The Savannah civil litigation lawyers at Hagenbrok & Hagenbrok PLLC are licensed to practice law in Tennessee, Arkansas, and Mississippi, and we are skilled at handling civil matters in both state and federal courts. We are mindful that many people are hesitant to engage an attorney because they fear incurring substantial costs. As a result, we do not recover fees for personal injury matters unless we recover damages on your behalf, and we offer affordable fees for representation in other civil cases.Pursuing Civil Claims in the Tennessee Courts
The law provides an avenue for anyone harmed by another person or entity to seek recourse via a civil lawsuit. In addition to proving the elements of his or her claim, a person seeking damages in civil litigation must comply with the procedural requirements set forth under the law of Tennessee or any other state in which they are bringing a claim.
First, it is important to file any civil claim in a timely manner. Tennessee sets forth statutes of limitations for pursuing civil claims. For example, personal tort actions, such as personal injury, malpractice, libel, and wrongful death, must be pursued within one year of the date of the harm. The statute of limitations for actions arising out of the Tennessee Consumer Protection Act is one year from the date of the discovery of the alleged harm as well. Our civil litigation attorneys can help Savannah residents and other clients act promptly to comply with this key deadline. Claims for damage to real or personal property must be filed within three years of the date of the damage. In certain cases, the statute of limitations may be tolled, such as when the defendant fraudulently concealed a cause of action, or the plaintiff could not reasonably have discovered the harm within the statutory period.
Once a lawsuit is filed, the parties will engage in discovery, which is the process of obtaining information and evidence to support or defend against a claim. During this phase, the parties will request documents and depose parties and witnesses. Following discovery, either party may file a motion to have the court decide whether there is sufficient evidence of disputed facts for the case to proceed to trial, or whether the court can decide issues of liability and damages based on the evidence alone. If the case is not settled or otherwise resolved, our Savannah civil litigation attorneys can take it to a trial in front of a judge or a jury.Common Types of Civil Claims
Although civil litigation encompasses a wide range of disputes, certain claims arise more often than others. For example, negligence is a claim commonly asserted by plaintiffs seeking damages in a civil lawsuit. In Tennessee, a plaintiff seeking to establish negligence must show that the defendant owed him or her a duty of care, the defendant’s conduct constituted a breach of the duty, and the breach was the cause of the plaintiff’s alleged harm. Breach of contract claims commonly arise in civil lawsuits as well. To recover under a breach of contract claim, the party alleging the breach must show the existence of a valid contract and its essential terms, a failure to meet the obligations imposed under the contract, and harm resulting from the breach.Speak With a Knowledgeable Tennessee Attorney About Your Potential Claims
At Hagenbrok & Hagenbrok PLLC, we can work with you to develop a litigation strategy that suits your needs and provides you with a good chance of obtaining a favorable outcome under the facts of your case. Our attorneys frequently represent parties in civil lawsuits in Savannah, Crump, Adamsville, Milledgeville, Saltillo, Olivet, Walnut Grove, Shiloh, and throughout Hardin County. We can be contacted through our form online or at (731) 438-8071 to schedule a meeting with a civil litigation lawyer in the Savannah area.