When you have a dispute you cannot settle with another individual or a business, you may have to go to court to get a resolution. Civil litigation covers all non-criminal court matters between individuals and companies. In a civil lawsuit, you face a judge or a jury who decides the matter for you based on the strength of each side’s arguments.
Plaintiffs who file civil lawsuits often want to correct a wrong, uphold an agreement, or get compensation for injuries or damages. Meanwhile, defendants named in lawsuits must defend their rights and protect any interests they have that oppose the plaintiff’s claims.
Whichever side you’re on, civil litigation can prove to be a drain on your time and money. Anyone involved in a civil lawsuit requires competent legal counsel – an experienced lawyer who can advocate for your best interests efficiently and effectively.
Types of Civil Litigation Cases
There are just about as many types of civil litigation cases as there are types of disputes in the world. Common examples of civil litigation cases include:
- A contractor fails to deliver their work or goods on time according to the agreed-upon terms. The other parties to the agreement sue the contractor for breach of contract.
- Personal injury, wrongful death, and other torts.
- A subcontractor carries out sub-par work that leads to significant property damage so you file a lawsuit to recover the damages that you lost.
- You must defend yourself against frivolous or malicious litigation.
- You sue after a real estate transaction because the seller failed to disclose a defect on the property that significantly affects its value or function.
- You and your ex-spouse disagree on the amount of alimony to be paid.
No matter the specifics of the civil lawsuit you’re facing, every case benefits from a talented, knowledgeable, and responsive legal team to help guide your strategy. Contact Joseph Cheeley or call 770-831-7910 now to talk to an experienced Gwinnett County civil litigation lawyer.
Personal Injury & Wrongful Death Litigation
An injury can have major effects on your life, career, and family. If you get injured because of someone else’s negligent or reckless actions, you can hold that person accountable under the law with a personal injury claim. If someone’s actions caused the death of someone you love, you can also hold them responsible with a wrongful death claim.
At Cheeley Legal, we fight to make our clients whole to the fullest extent of the law. That means bringing the responsible person to justice and helping you move forward with your life. Click here to read more about how our firm handles personal injury and wrongful death cases.
Contract disputes make up some of the most common forms of civil litigation. You and another party – or multiple parties – agree to certain terms, but one or more of the parties fail to deliver. The contract may cover services or a purchase of assets or goods.
Contracts can be extremely complex and failing to deliver on even a single part could qualify as a breach of contract. Anyone who relied on the breached contract could lose time, money, or opportunities. Civil litigation allows contract holders to go to court to either enforce the terms of the contract when possible or to get compensation for their losses.
But even breaches of contract are rarely that simple. You and the other contract signees may have different interpretations of the terms. Some contract terms may not actually be legally enforceable, or an unforeseen circumstance may excuse nonperformance.
Whether your dispute is over an asset purchase contract, a lease or real estate contract, or any other type of contract, your lawyer can help you identify the most important and persuasive facts in your case and gather the evidence you need to prove your case.
Sometimes you cannot resolve family issues on your own. You may have to go to court over alimony or child support, paternity, protective orders, or visitation rights. Joseph Cheeley handles all types of family law matters in the Gwinnett County, Buford, and Atlanta metro areas.
Estate & Probate Litigation
Disputes over how to handle a loved one’s estate can spiral for months or even years if not handled properly. The right legal guidance can help resolve estate or probate disputes in a timely way so that you can move forward with your life. The talented team at Cheeley Legal handles all types of estate disputes with the nuance and sensitivity they require.
Real Estate Litigation
Whether you’re buying or leasing a property, entering a real estate or leasing contract, or facing a dispute over the terms of a real estate contract, you’ll need the help of an experienced lawyer who can navigate the transaction with your best interests in mind.
Real estate assets can get complicated, with title, easement, or covenant issues. The process of buying and selling real estate requires due diligence and good faith disclosures. The Cheeley Legal team is passionate about protecting our clients’ real estate interests in landlord-tenant disputes, lease disputes, breaches of warranty of title, requests for specific performance, and litigation over purchase and sale agreements.
If you’re in the business of developing real estate, you may also need legal representation for construction matters such as breach of contract, breach of warranty, fraudulent practices, or negligence. Either landlords or tenants may need the guidance of an experienced attorney to protect their rights under the lease.
The real estate market around Atlanta and Gwinnett County remains strong, with high demand. Joseph Cheeley and his team help clients with all types of real estate issues – title disputes, leasing disputes, ownership disputes, insurance disputes, problems with broker transactions, mechanic’s liens, non-disclosure claims, faulty deeds of trust, and more.
Frivolous or Abusive Litigation
The law exists to protect the rights of individuals and businesses. But sometimes, people acting in bad faith use the legal system as an illegitimate weapon to harass, intimidate, and get their way through frivolous litigation or malicious prosecution. In these types of cases, the bad actor may file multiple lawsuits or try to file the same claim repeatedly.
Frivolous or abusive litigation can cost you significant amounts of time and money – not to mention the mental toll of fighting false or defamatory allegations.
Fortunately, you can fight these types of lawsuits. Recently, Georgia courts have come down harder on people who use litigation to file lawsuits they know are not substantially justified or grounded in reality. In 2020, the Supreme Court of Georgia held that plaintiffs who win abusive litigation lawsuits may now seek punitive damages to punish the bad actors.
Most damages in lawsuits exist to compensate the victim for their losses. But punitive damages are unique because their purpose is to punish. Usually, punitive damages are up to the discretion of the courts – a judge or sometimes a jury. A good lawyer will know what facts to stress to convince the court that you deserve punitive damages for abusive behavior.
If you’re facing frivolous or abusive lawsuits, a civil litigation lawyer can fight them for you, help stop the abuse, and get you restitution for the harm you suffered.
Georgia’s appeals process kicks in after a trial court makes a decision in your case. If anyone involved in the case isn’t happy with the outcome of the trial, they can try to appeal or challenge the decision. The Georgia Court of Appeals hears most of these challenges.
Joseph Cheeley represents clients specifically at the appellate level as well as through trial. Whether you’re the party appealing or you’re the one defending against an appeal, the process works differently than at the trial level of a case. The most convincing argument to a trial court judge may not have the same effect on an appellate judge. An experienced appellate lawyer should know this and adjust their strategy accordingly.
Not all appeals are granted – and not all appeals affect the whole case. Sometimes, the appealing party may accept some parts of the judgment but reject others. They may agree with the trial court’s assessment of the facts but disagree on the amount of calculated damages. Sometimes, appellate decisions may come down to how a procedural issue was handled at trial. A good appellate attorney will know the best way to handle these nuanced legal arguments for the greatest chance of success. Cheeley Legal can help with that.