Civil Litigation

Litigation is defined as:

"A lawsuit. Legal action, including all proceedings therein. Contest in a court of law for the purpose of enforcing a right or seeking a remedy. A judicial contest, a judicial controversy, a suit at law."

An open and vague definition to be sure, but also true. Civil Litigation involves many controversies and spans the limits of Texas jurisprudence. Any dispute no matter how small or large can erupt in litigation. In the civil arena this can involve many different areas of the law from personal injury, to breach of contract, to fraudulent behavior and everything in between. Most often, after proper analysis, a simple case can involve many different areas of the law all of which must be, at least identified, to ensure that proper legal attention is paid to every conceivable issue in a particular case. The reason is that the "statute of limitations" related to a particular issue can preclude ever being able to litigate that issue if a suit is not timely filed. In addition, in most circumstances, if there are separate issues in a case, a different statute of limitations may apply to each different issue or cause of action. Finally, under most circumstances, and with some exceptions, two parties to a suit must file all causes of action against the other party or those claims that are not litigated could be barred.

The type of relief in a civil suit is also varied. One can sue for money damages, an injunction (keeping someone from doing something), and/or specific performance (forcing someone to do something), to name some examples. The type of relief one can receive is dependant on the type of case and, in some cases, limited by the other types of relief available.

The Rules of Civil Procedure and the Texas Civil Practice and Remedies Code are just two of the many bodies of law that govern Civil Litigation. However they are the central bodies of law because they govern how a case is litigated by establishing the deadlines, rules and procedures in almost all civil matters; from divorce to personal injury. It is essential that your attorney understand these rules in order to properly litigate your matter in an efficient, cost-effective manner.

The firm’s civil litigations services include claims under the Deceptive Trade Practices Act, plaintiff personal injury from such things as motor vehicle accidents and medical malpractice, breach of contract claims and debt collection on behalf of business clients.

These are just some general comments on civil litigation. Please contact this office to discuss any civil matter that may require legal attention.

Call Us Now at (972) 665-0055 for More Information or to Schedule an Appointment.