Sussex County Civil Litigation Attorneys

Civil litigation is the process that resolves non-criminal disputes among individuals, businesses, or government entities. In Sussex County, if you need legal advice and services for any non-criminal dispute, contact a Sussex County civil litigation lawyer at Abram, Gulab & Hutchison.

Unlike criminal law, which settles the state’s claim that a defendant has committed a crime, civil litigation in Delaware usually focuses on settling private disagreements, such as:

1. divorce, child custody, and child support conflicts
2. personal injury and wrongful death claims
3. landlord-tenant disputes and employment discrimination claims
4. business disputes, including breach of contract claims

Most civil cases are settled privately, without a trial. The longer a legal dispute lasts, the more time and resources you must spend on it. From the beginning of any legal dispute, you should seek an out-of-court settlement with the assistance of a Sussex County civil litigation attorney.

How Does Civil Litigation Begin?

A civil case begins when a “plaintiff” and the plaintiff’s attorney bring a complaint against a “defendant.” The defendant then submits an answer to the complaint, which may include a counterclaim if the defendant believes the plaintiff is actually the party at fault in the dispute.

If you are served with a civil complaint, act promptly. Carefully read the complaint to understand the allegations. Then call Abram, Gulab & Hutchison to schedule a consultation with a civil litigation lawyer. In Delaware, defendants typically have 20 days to respond to a complaint.

The next step is “discovery,” which is usually the longest phase of a civil case. In discovery, each party is allowed to examine the other’s evidence and information, ensuring that neither side is “ambushed” or “blindsided” at trial.

In the discovery phase, lawyers use depositions (oral testimony given under oath), interrogatories (written questions witnesses must answer under oath), and subpoenas (requests for physical evidence or particular documents). Civil cases are usually settled during the discovery phase.

What Happens in a Civil Court?

Before a civil trial begins in Sussex County, lawyers for both sides may file motions making specific requests of the court. If the sides have not settled their dispute, the case goes before a judge (for a “bench trial”) or a jury.

In civil cases, plaintiffs must prove their claims with a preponderance of the evidence, which means it is more likely than not that a claim is true.

You can’t appeal a civil court verdict simply because you disagree with it, but if the losing party believes a legal or procedural error occurred in the civil trial, that party can appeal the decision to a higher court.

What is a Civil Litigation Attorney’s Role?

A civil litigation attorney (often called a litigator) is an attorney who manages the progress of a civil lawsuit. A civil litigation attorney’s work includes these responsibilities:

1. Evaluating cases: A civil litigation attorney assesses the strengths and weaknesses of a claim to explain to a client whether filing a lawsuit is worth the cost and effort.
2. Preparing legal paperwork: Civil litigation lawyers draft the documents (pleadings, motions, and briefs) that inform the court of the reasons for filing the claim.
3. Compiling evidence: Civil litigation lawyers locate witnesses, hire expert consultants (such as doctors or engineers), and review pertinent documents to uncover key evidence.
4. Negotiating: A civil litigation attorney spends considerable time in discussions with the opposing side to hammer out a settlement that avoids a trial.
5. Advocating in court: If a trial is conducted, a civil litigation attorney delivers opening and closing statements, cross-examines witnesses, and argues for a favorable outcome.

When Should You Retain Abram, Gulab & Hutchison?

See a Sussex County civil litigation lawyer at Abram, Gulab & Hutchison before you file divorce papers or if your spouse is filing or has already filed for divorce. If a negligent party injures you in Sussex County, call us immediately at 302-405-7010 after receiving treatment for your injury.

Several situations can give rise to a lawsuit that may involve your business. You may need to bring a claim against another business or party, or your business may be sued, and you’ll need to defend it. On either side of a business-related lawsuit, Abram, Gulab & Hutchison can help.

How Should You Handle Contract Breaches?

Contracts are legally binding documents enforceable by the court. When one side fails to fulfill a contract’s terms, a breach of contract occurs. If one party does not meet its obligations under the contract, the other may take legal action.

A contract breach may occur when there is a failure to deliver specific items, failure to pay for those items, failure to deliver or pay for a service, or when the wrong or damaged items are delivered.

A breach can occur even if the contract is not in writing, although all of your business contracts certainly should be in writing. If one party breaches a contract and the other party suffers a loss, the victimized party may bring a breach of contract claim seeking compensation for the loss.

After a consultation, a Sussex County civil litigation attorney at Abram, Gulab & Hutchison can determine if you should file a breach of contract claim.

What Other Business Disputes Do We Handle?

Civil litigation lawyers handle business and partnership disputes, collection actions, intellectual property infringements, tax disputes, and almost any matter of business law or corporate law that becomes a legal dispute.

Employees and employers may dispute issues like wrongful termination, discrimination, or harassment. Disputes between landlords and tenants over evictions, lease violations, and property maintenance frequently lead to civil litigation.

It’s Important to Act Swiftly

If you don’t act swiftly, a business dispute may threaten your assets or property rights, harm your company’s brand, alienate clients or customers, or damage key business relationships.

A civil litigation attorney at Abram, Gulab & Hutchison can identify the core legal issues in a business dispute, develop an appropriate strategy for settling the dispute, and help your business continue to operate with minimal disruption.

Choose a civil litigation attorney who is an experienced negotiator and familiar with the mediation process. At Abram, Gulab & Hutchison, in most cases, we vigorously pursue mediation or private negotiations before we take a civil claim to trial.

What Advantages Do Out-of-Court Settlements Offer?

Plaintiffs and defendants usually settle civil cases in Sussex County without the need for a trial (although the court must approve most agreements in family law cases). Out-of-court settlements are usually faster, less costly, and less contentious than trials. Civil cases may be settled through:

1. Private negotiations: Through their attorneys, the opposing parties negotiate a mutually acceptable agreement.
2. Mediation: A mediator helps opposing parties find common ground. In Delaware, mediation isn’t required for all breach of contract cases, but it’s strongly encouraged and often mandatory in the Delaware Superior Court, which hears many commercial disputes.
3. Arbitration: Arbitration is a stricter process. After hearing arguments and considering both sides, an arbitrator makes a decision that is binding on both parties.

How Are Settlements Achieved?

Settlements happen when the disputing parties agree to resolve their conflict. Abram, Gulab & Hutchison will ensure that you have a clear and detailed written settlement agreement.

Most commercial contracts include specific provisions for resolving disputes arising from the contract. These provisions may require the opposing parties to engage in private negotiations before pursuing arbitration or litigation.

What Else Should You Know About Civil Litigation?

If you’re the plaintiff or defendant in a civil case, you’ll need to compile, copy, and store any contracts, correspondence, or other pertinent documents. Your civil litigation attorney will need these documents to prepare your case or negotiate a settlement.

You can’t miss deadlines. Missing a deadline could lead to a default judgment against you. A civil litigation attorney at Abram, Gulab & Hutchison can ensure your filings are accurate and submitted to the court on time.

Seeking legal counsel as early as possible increases the likelihood of a favorable outcome. Your civil litigation lawyer must have sufficient time to prepare a comprehensive, persuasive case on your behalf.

The Importance of Legal Representation

Delaware’s laws and civil court system are complex and challenging. Do not even think about trying to act as your own attorney. When a family, business, or personal injury dispute arises, retain an experienced civil litigation attorney to represent your interests.

From our Georgetown offices, Abram, Gulab & Hutchison will conduct an independent evaluation of your case, determine your legal needs, negotiate with the other side’s attorney (or attorneys), and if necessary, represent you effectively in civil court to win the justice you need.

Contact Abram, Gulab & Hutchison for a Free Consultation

Our founding attorney, Michael R. Abram, has over two decades of legal experience. Our law firm’s other attorneys (Christopher Hutchison, Asim E. Gulab, and Jackson Zolper) are proud to serve their Sussex County clients and communities.

To find out more about our civil litigation services, or if you anticipate being involved in a civil dispute, schedule a free legal consultation by promptly contacting the law office of Abram, Gulab & Hutchison at 302-405-7010, and let us be your civil litigation attorneys.