Gastonia Civil Litigation lawyer

Civil Litigation Attorney in Gastonia, NC

This branch of litigation is common when settling disputes or disagreements between two parties. Whether it is a case between a landlord or tenant, or one driver against another, these cases are typically private in most circumstances. At Roberts Law Firm, P.A., our lawyers bring nearly 40 years of combined experience providing representation in cases across North Carolina. We work alongside a network of legal professionals who can help us build your case, including medical experts and accident reconstructionists.

What Is Civil Litigation?

Civil litigation is a legal dispute between two or more parties in which one party, the plaintiff, files a claim against another, the defendant. The plaintiff is usually seeking legal remedy for a harm caused by the defendant in the form of monetary compensation, or a specific performance or injunction.

Unlike criminal cases, the burden of proof for civil cases is lower. In criminal proceedings, prosecutors must prove the defendant’s guilt beyond a reasonable doubt. In civil cases, the plaintiff must show a preponderance of evidence proving the liability of the defendant. Civil cases in Gastonia are heard at the Gaston County Courthouse located at N. Marietta St.

Civil cases can generally be broken down into six categories:

1. Torts. These are harmful acts that cause injury to another person.
2. Family law cases. These involve domestic matters such as divorce, child support, and custody. Child support cases, for example, make up 2.3% of all the cases heard in North Carolina civil courts.
3. Breach of contract disputes. Contracts are breached when one party fails to perform their terms or fulfill their obligations in an agreement.
4. Equitable claims. Equitable claims involve asking the court to order a person to do or refrain from doing something.
5. Landlord/tenant issues. Examples of landlord/tenant issues include evictions, lease violations, and repair or maintenance problems. In 2024, 194,526 North Carolina families faced eviction orders.
6. Small claims cases. Small claims cases are legal disputes involving small amounts of money. In North Carolina, the limit is $10,000.

A generalized Gastonia civil litigation attorney can help you with all of these types of cases, though many civil litigation lawyers focus on one specific area of this large legal field.

FAQs

Q: What Are the Three Basic Stages of Civil Litigation?

A: The three basic stages of civil litigation are pleadings, discovery, and the trial. These stages involve filing a complaint and an answer, exchanging evidence, and presenting the case to the court for a final decision. The majority of civil litigation cases settle before they reach the trial stage, typically during pleadings or discovery.

Q: What Assets Cannot Be Touched in a Civil Case?

A: There are several types of assets that cannot be touched in a civil case. They include houses protected by homestead exemptions, disability and social security benefits, ERISA-qualified retirement accounts, and assets that are held in irrevocable trusts. Property held jointly by spouses is usually untouchable in civil cases, as well.

Q: What Are Common Litigation Mistakes?

A: Common litigation mistakes include allowing your emotions to drive your strategy, posting about the case on social media, missing court deadlines, and failing to properly disclose evidence. Other frequent errors include hiring inexperienced legal counsel and failing to explore early settlement options, which can be less costly than taking the case to trial.

Q: What Is the Golden Rule in Litigation?

A: The golden rule argument in litigation involves lawyers asking jurors to put themselves in their clients’ shoes. This tactic, which asks jurors how they would want to be treated if they were plaintiffs in the case, is prohibited. It is considered improper largely because it encourages jurors to abandon their neutrality and base their decisions on personal interest instead of the facts of the case.

File a Civil Claim With the Help of Our Experienced Lawyers

There are a variety of legal practice areas that fall into the range of civil litigation, including the following: personal injury, product liability, landlord/tenant disputes, medical malpractice, and workers’ compensation claims. We advocate on our clients’ behalf during civil disputes. For more information or to schedule an initial consultation with our attorneys, contact us today.

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