Civil Litigation Attorney in Alabama

There are two branches of laws in the United States, criminal law and civil law. An Alabama civil litigation attorney is an attorney that practices civil law in civil court. Civil law is the set of laws that address behaviors of one party that cause injury or harm to another individual or other private party.

Civil laws also deal with other non criminal matters, such as estate planning, guardianship, and family law matters. In general, most civil law cases that are in Alabama are either tort cases or family law cases.

Although the exact definition of what constitutes a tort varies by state, the legal term “tort” in Alabama refers to a civil case in which an injured party files a lawsuit against the party whose actions resulted in the injury or loss.

Tort violations may occur either due to an intentional action of a party or a negligent action or inaction of a party. Once again, if a tort is committed, Alabama law grants the victim the legal right to civilly sue the person who harmed them. This right to sue is known as a “cause of action.”

Tort laws in Alabama include dozens of different causes of action. Examples of the most common types of cases heard in civil court that pertain to civil laws include:

• Cases involving the negligent actions of another person, such as car accidents;
• Cases involving the fraudulent actions of another person;
• Cases involving actions that result in property damage, such as negligently starting a fire;
• Cases involving intentional physical torts such as civil battery or assault;
• Cases involving intentional property torts such as conversion or other theft crimes;
• Cases involving emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.

In addition to the above tort cases, the other major type of cases that make up a significant portion of Alabama’s civil court’s caseload are family law matters.

Alabama civil courts also hear a variety of different civil matters, including issues surrounding:

• Visitation and custody of children;
• Spousal maintenance or alimony;
• Child support matters;
• The loss of parental rights;
• Paternity and adoption;
• Child abuse and child neglect matters.

When to Hire a Civil Litigation Attorney?

Generally, it is recommended that you consult an attorney as early as possible. Consulting with an attorney early on can prevent other legal issues from arising later on. A local Alabama lawyer will be most familiar with Alabama’s civil laws and statutes, as well as the entire civil procedure process involved in suing a party for damages.

An attorney will also be able to assist you in identifying the party responsible for your damages and help you hold them responsible for their tortious actions. If your civil matter is a family matter, an attorney will be familiar with the laws and civil processes involved in pursuing those matters as well.

What to Expect from Your Civil Law Attorney?

As far as what you can expect when working with an attorney for civil lawsuits, you should expect an attorney to keep you informed of your case. This means that you should always expect your civil attorney to inform you of all of your settlement options, possible resolutions, and the current status of your case.

In fact, attorneys are obligated to keep their clients informed of their cases. You should also expect your attorney to handle all of the major aspects of your civil lawsuit. The exact aspects of your civil lawsuit that your attorney will handle will depend on the type of lawsuit that you are involved in.

There are essentially four stages to almost every civil lawsuit in Alabama in which an attorney can assist you:

• Pre-lawsuit Phase: During this phase, an attorney will meet with you to understand your legal issues and attempt to negotiate a resolution to your case without the necessity of filing a lawsuit.
  • If the attorney is unable to resolve your case without a lawsuit, the attorney will then assist you in drafting the necessary lawsuit and properly serve it on the defendant;
• Pre-trial Phase: After your lawsuit has been filed, your attorney will then assist you in conducting discovery, which is the formal process by which one party will serve requests upon the other party or parties involved in the lawsuit to gather information to support their civil claims.
  • An attorney will also be able to represent you at any in-person proceedings prior to a final trial, such as handling pre-trial motions or pre-trial hearings;
• Trial Phase: If your case is not settled prior to trial, then a civil litigation lawyer will be able to represent you in court in front of the judge or jury by arguing your claims, questioning witnesses, and formally introducing evidence gathered in the previous stage of the lawsuit;
• Post-trial Phase: After your case has been concluded, an attorney may still be involved in the case by collecting and disbursing the funds that were recovered from the civil lawsuit or filing an appeal, if needed.

How Much Does a Civil Attorney Cost?

As far as the cost of a civil litigation attorney, the total cost of civil suit lawyers will vary widely. This is because the costs for a civil attorney will be dependent upon a number of different factors, including:

• The area of law in the attorney practices;
• The areas of law that the plaintiff’s individual claim encompasses;
• The attorney’s level of experience, including whether or not they are bar certified, as well as their reputation in the industry;
• The difficulty of the case the attorney is handling;
• The location in which the attorney practices, as different cities have different cost averages
  • For instance, attorneys that practice in Huntsville, Montgomery, and Birmingham may charge different rates due to the expenses of those cities and higher populations;
• The total amount of time that is spent either pursuing or defending the lawsuit.

The most important factor used in calculating the total cost of a civil attorney is the amount of time that it will take to finish the case. This is because, in civil lawsuits, most contracts executed between clients and the attorney are hourly fee agreements.

Do You Need a Civil Attorney?

You may be involved in a civil lawsuit in Alabama, or you may be seeking to file a lawsuit as a result of a legal issue that you are facing. If this is the case, it is in your best interests to consult with an experienced civil litigation attorney in Alabama as early as possible in your case.

An experienced civil litigation attorney will be able to help you determine your best course of legal action and answer any questions that you may have regarding your particular legal issues. LegalMatch can assist you in locating an attorney for your particular legal issues and help you set up an initial consultation with them.

Further, an attorney will also be knowledgeable about Alabama’s civil laws and civil procedure. This means that the attorney will be able to represent you throughout the entire legal process, should you choose to execute a contract with them to represent you. Finally, an attorney will also be able to represent your interests in court, as needed.