(205) 824-7767

Practices

Civil Litigation in Birmingham, Al

When a dispute exists between persons or legal entities, the people involved need to take steps to settle the matter through arbitration or mediation. However, if these dispute resolution efforts fail, the case will need to go to court. 

Are you the plaintiff or defendant in a civil suit? Being involved in a civil case can be stressful and time-consuming, especially if you lack a legal background. Be sure to get legal representation and advice from a civil litigation attorney who has extensive knowledge of the Alabama Rules of Civil Procedure and state law. 

At the law firm of McCallum, Hoaglund & McCallum, LLP, our attorneys are experienced litigators who can present your case to a civil court, protecting your rights and legal interests. Call us today at (205) 824-7767 to schedule an initial consultation.

What Is Civil Litigation?

Civil litigation is the legal process when a plaintiff files a complaint against another person (the defendant), requesting relief or compensation in the form of: 

  • Damages: Monetary compensation to the plaintiff for financial losses, physical injuries, or emotional trauma.
  • An injunction: A court order preventing or requiring a specific action from the defendant.
  • A declaratory judgment: A court order setting forth the parties’ rights under legislation or a contract.

During civil litigation, both sides will present their case to the court, and the judge or jury will determine the facts of the matter. Then, the court will issue an enforceable judgment. 

The parties might settle the matter at any time to avoid a costly trial or the risk of losing the case. In the case of dispute resolution, the court can issue an order based on the settlement the parties have agreed about.

Common Types of Civil Litigation Cases

At McCallum, Hoaglund & McCallum, LLP, we will provide you with full legal representation during civil litigation and help you navigate the entire process. Our Birmingham-area litigation practice represents clients in all civil cases pending in federal and state courts. 

Below, we discuss some of the most common civil cases we handle.

Tort Claims

A tort is wrongful conduct that is intentional or negligent and that harms another person. You can file this type of claim to pursue compensation for: 

  • Property damage
  • Medical bills
  • Loss of income
  • Pain and suffering
  • Emotional trauma
  • Loss of quality of life 

Common examples of tort claim cases include medical malpractice, road accidents, and defamation. You can pursue two types of damages with a civil lawsuit: 

  • Punitive damages: The court may award punitive damages in cases involving deplorable conduct, such as abuse or child neglect. With punitive damages, the aim is to punish the defendant, make an example of them, and discourage them from committing wrongful conduct again.
  • Compensatory damages: You can pursue this type of damages as compensation for the harm you suffered due to the defendant’s conduct.

Equitable Claims

In the case of an equitable claim, the defendant’s past actions didn’t cause you harm, but you are taking legal action to prevent the defendant from causing harm in the future. 

To pursue equitable relief, you petition the court for an injunction to compel the defendant to either carry out or refrain from carrying out a specific action. The court may also grant an injunction if legal remedies are not adequate restitution for your economic or physical injury.

Breach of Contract Claims

A contract is an agreement that defines the rights and obligations between those who sign it. When one party fails to meet the contract’s obligations, they commit a breach of contract. In this case, the other signers can bring a legal claim. 

To be successful with a breach of contract claim, you must demonstrate that: 

●        A valid contract exists between you and others

●        You have performed according to the terms of the contract

●        The defendant failed to perform in terms of the contract

●        You have suffered damages due to the defendant’s contractual breach

Property Disputes

Property disputes typically involve disagreements about the ownership and boundaries of real estate. Restrictions on property use can also cause disputes. For example, a property owner can disagree with a neighbor over an implied easement, which is access to use a part of their property.

Class Action Suits and Mass Torts

Suppose a group of people suffered economic or physical injury due to a person or legal entity’s conduct. In this case, the cost of filing multiple complaints might be too high to warrant pursuing compensation. 

With a class action suit or mass tort, a group of people can share one legal team, reducing the cost of initiating civil litigation. 

Generally speaking, a class-action lawsuit involves a large number of plaintiffs who suffered the same injuries. On the other hand, a mass tort involves the combined action of a few individuals who each sustained unique injuries because of the defendant’s conduct.

Family Law Disputes

Family law matters under civil litigation typically involve disputes regarding:

  • Divorce
  • The division of marital assets
  • Child custody
  • Child support
  • Alimony 

Spouses have various rights and obligations under Alabama’s divorce law and the Alabama Child Support Guidelines. During family disputes, the courts consider each family’s unique situation when formulating a decision. 

Compensation claims for domestic abuse, child neglect, or other egregious conduct fall under personal injury complaints. However, this conduct might affect a family member’s child visitation and custody rights under family law. 

Get in Touch With Our Reputable Civil Litigation Attorneys in Birmingham, AL

Are you involved in a situation in Birmingham, AL, that needs civil litigation? At McCallum, Hoaglund & McCallum, LLP, our legal team can provide you with a complete legal solution that includes advice and representation during all conferences and trials. 

Our attorneys will consult with you, gather and present supporting evidence, and correspond with insurance companies and the opposing parties on your behalf. We will also update you regularly and ensure that you have all the information you need. 

To initiate a lawsuit or defend yourself against a civil claim, call us today at (205) 824-7767 to schedule an initial consultation.