Civil Litigation

Civil litigation comes in many forms, including personal injury, property, real estate, construction, business partnerships, employment, contracts and estates. It starts when someone feels they have been wronged and they want (and deserve) relief for their injury.  In order for your attorney to represent you effectively, they must know and be up to date with the separate laws and procedures that govern claims.

These cases are all governed by the Rules of Civil Procedure, Federal or State.  Your attorney must be fully familiar with these rules in order to successfully pursue your case and preserve your rights.  Rules govern how a lawsuit is filed and where it is filed. Rules govern how and when a lawsuit is served. Rules govern discovery, pre and post trial motions and the plethora of other potential and mandatory matters dealt with in the course of litigation.  The Federal and State Rules of Civil Procedure sit on William’s desk and they will be there when you meet.

Failing at procedure means failing in your case.  Regardless of the issue of your dispute, you can be assured that William will provide you a specific map as to how your case will play out in the courts based on the state or federal rules.  You will leave your first visit with the map in hand.

Civil Rights start with the United States Constitution, followed by our Commonwealth’s Constitution, and are governed by both federal and state statutes.  There are different procedural rules that govern the pursuit and protection of your claim.  For instance, a claim against the police for illegal seizure and or excessive force, pursuant to 42 U.S.C. sect. 1983, will be filed directly with the court and served on the defendant(s).  An employment discrimination claim must go through an administrative process where a determination is made. Based on the administrative law judge’s determination, the case may or may not go to the trial process. First and Second Amendment right claims will be filed directly with the Federal Court, with specificity, and follow all rules of procedure. In all matters, regardless of statutes or rules of procedure, the matter must be evaluated in the context of the facts and the “case law” that sets and makes precedent. The case law is always changing; it’s what makes the news. Being in commend of the case law and the procedure is what makes the lawyer.

Contracts, whether written or verbal, play a role in our daily lives touching both our personal and business engagements: real estate, construction, employment, home and auto services, business formation, insurance. In order to prevail in a contractual claim a party must prove: 1) the existence of a contract, including the essential terms,  2) a breach of a duty created therein and, 3) resulting damages. These cases may be complex or simple. If the disputed claim is under $14,000, a lawsuit can be brought before your local Magisterial District Court. At the Court of Common Pleas, where the damage claim is of $50,000.00 or less, the case will be directed to mandatory arbitration.  In excess of $50,00.00, the case will be listed for trial. There are different strategies for how and where to file a claim, most often determined by cost and time considerations verse potential for recovery. These issues are usually a matter of weighing risk and reward in the litigation process. Everyone who has ever entered the office wants to proceed as a matter of principle. These issues are really a matter weight. Principle sometimes runs out of value. You can be assured you will leave the office knowing what you need to know to weigh your decisions. Litigation may be in your attorney’s interest, but that does not mean it is in your interest.

Personal injury claims often get a bad rap, until you suffer a personal injury.  These are negligence claims based on the defendant having a duty to the plaintiff, defendant breaching that duty and a resulting injury.  Simple enough. But a defendant’s insurance company will litigate everyone of these issues. Whether it is an automobile accident, a slip and fall, work injury, medical malpractice or product liability, the insurer of the defendant will argue the existence or extent of each element of your claim. The Defendant (or insurer of the defendant) will argue that they had no duty or that there was no defect, or even if there was a defect it was not what caused the injury in whole or in part. It is the plaintiff who will have to prove otherwise. Proof requires thorough discovery, including medical and constructional experts. While the personal injury claim works its way through the trial process, most plaintiffs continue to suffer.  The process wears people down. It helps to have confidence in your attorney in order to get through the harder and longer times.

Damages - What a party may anticipate recovering is a discussion to have with your attorney.  William can evaluate your factual claim, review the evidence and set realistic expectations.  It is a serious discussion. All cases take time, self-exposure and emotion. Some factual scenarios are incredibly egregious.  Evaluation requires the client to be forthright, honest and transparent and willing to persevere. It’s exhausting. In exchange, William can provide the advocacy that instills your confidence and greater assurance of maximizing your justified resolution.

Estates - There is much to estate litigation. Please refer to Wills & Estates