Charleston Litigation Attorney

Charleston Litigation Lawyer

One of the most important skills that a lawyer can have is litigation experience. While many cases may be settled out of court, there are some that inevitably make it to trial. If that ever happens, it is vital that you hire a lawyer who has substantial experience arguing cases in front of a judge and jury. The more experienced your litigator is, the better the chances of winning your case. Hiring a Charleston litigation attorney may be the most important decision you make for your case.

What Is the Litigation Process in West Virginia?

Simply put, litigation is the process of resolving legal disputes through the court system as opposed to mediation or the settlement process. Depending on the case at hand, it could be the most reliable way to secure a victory in your case in Charleston, WV. Trials can get emotional, personal, and sometimes unpredictable. A good lawyer is able to prepare for any eventuality in the courtroom. The litigation process in West Virginia involves the following steps:

• Filing a Complaint: The litigation process begins when your lawyer files a complaint with the appropriate court official. This begins a civil action. The complaint has to include a formal statement of the claim being made and a demand for judgment.
• Serving the Complaint: The sheriff’s office will deliver the complaint to the defendant, informing them of legal action being taken against them.
• Motions: When the complaint is filed, both sides will have the opportunity to bring any motions before the court before the trial starts. These can include a motion to dismiss, which would end the case immediately. A motion for summary judgment would allow the judge to make a ruling before the trial begins, or a motion for discovery, in which a request is made to obtain more evidence.
• Discovery: The discovery phase allows both sides to learn about the evidence that each side has to support their side of events. The goal of the discovery phase is to prepare both sides for trial and avoid any unnecessary surprises. Evidence can include paperwork, texts, phone records, witness statements, and surveillance footage, depending on the case.
• Court Selection: The type of court that will oversee your case depends on the type of case being presented and the amount of money that may be in dispute. Family law cases will be heard in Family Court. Civil cases worth under $10,000 will go to the Magistrate Court. Civil cases worth more than $10,000 will go to Circuit Court.

Types of Litigation Cases

Litigation can occur in almost every court case that makes it to trial, but some litigation cases are more common than others. It is important to recognize the types of court cases that may be more likely to go to trial and thus may require an experienced litigation lawyer to help you through yours:

• Business Litigation: Business litigation focuses entirely on business disputes and legal discord involving businesses. This can include breach of contracts, copyright infringement, financing contracts, and even slander or libel situations.
• Family Law Litigation: Family law cases can get personal and complicated quickly, especially if there are children involved. A family law attorney can help facilitate divorces, custody agreements, child support, alimony, and other family-related issues that are often decided in a court of law.

FAQs

Q: How Much Do Litigation Lawyers Take From a Settlement in West Virginia?

A: The amount a lawyer may take from a settlement can vary depending on the case in West Virginia. Lawyer fees are determined by a number of factors, including the amount you were awarded, your pre-existing deal with the lawyer, and various expenses your lawyer may have to charge you. Many litigation attorneys, particularly personal injury lawyers, may take a portion of your settlement as their fee, meaning that you only pay them if they win.

Q: What Is the Statute of Limitations for Civil Litigation in West Virginia?

A: In most cases, the statute of limitations for a civil litigation claim in West Virginia is two years. That means you will have two years from the date of your incident to start building a case, gather evidence, speak with a lawyer, and file a claim for compensatory damages in civil court. If you are unable to file before two years are up, your case may be dismissed, and your opportunity to seek damages may pass.

Q: What Is the Difference Between a Litigator and an Attorney?

A: The primary difference between a litigator and an attorney is how they approach the practice of law. A litigator is a specific type of attorney who focuses on trial law and representing clients in court. An attorney is a general term that includes all practicing lawyers, regardless of their area of focus. Litigators may receive specific training in courtroom proceedings, and attorneys may advise their clients when drafting paperwork or negotiations.

Q: What Is the Most Common Complaint Against Litigation Lawyers?

A: Generally, the most common complaint that people tend to have against lawyers is a lack of communication. Granted, this does not apply to all lawyers. Some clients have expressed disappointment in how their lawyer fails to keep them in the loop regarding their case. It is important for lawyers to constantly reach out to their clients with updates, honesty, and reassurance.

Reach Out to a Charleston, WV Litigation Attorney Today

Going to trial can be intimidating. You may have been hoping that your case would be decided through negotiation. Now, you will have to stand before a judge and try to convince a courtroom of your case. To do so, you will want a strong litigation attorney who has experience handling courtroom proceedings. They can bring that experience to your case.

The legal team at Wooton, Davis, Hussell & Johnson, PLLC can provide you with strong litigation skills and the right kind of legal advice. We can help you build up your case, gather the evidence you need, and protect your interests in a court of law. Contact us to schedule a consultation as soon as you can.