Personal Injury & Civil Litigation

Personal Injury & Civil Litigation

Personal injury occurs where you have suffered some form of injury, either physical or psychological, as the result of an accident. Most personal injuries fall under the category of a tort and torts fall under the legal area known as civil litigation.

Civil litigation is a legal dispute between two or more parties. Civil litigation is where the parties are seeking monetary relief (money) or equitable relief, such as specific performance or injunctions. In personal injury cases, the relief sought it most often monetary relief.

At Payne & Truitt, attorneys at law, we are experienced civil attorneys. From small claim suits to district court personal injury litigation, we are here to serve you.

In the past, our firm has successfully represented clients in the following areas of civil litigation:

  • Personal injury lawsuits
  • Property damage suits
  • Deceptive Trade Practices
  • Construction contract disputes
  • Collections
  • Foreclosures
  • Deed and Covenant restrictions
  • Landowner and boundary disputes
  • Will contests
  • Oil and gas contract disputes
  • Guaranty and promissory note contract disputes
  • Landlord / Tenant disputes

The Role of a Civil Litigator

The role of a civil litigation professional is challenging and diverse. In most cases, Civil Litigation is very adversarial and attorneys must be willing to embrace conflict and controversy. Many attorneys do not fit this role and many of the so-called personal injury experts are not actual trial attorneys. Civil litigants often work long hours, especially during trial and must be dedicated to the trial process, not just the settlement process.

The Civil Lawsuit Lifecycle

Litigation can often be divided into stages:

  • Initial investigation
  • Pleadings and Petitions
  • Discovery (Interrogatories, Requests for Production, Admissions and Disclosures)
  • Pre-trial
  • Trial (Jury trial or bench trial)
  • Settlement
  • Appeal

Most lawsuits are settled prior to trial and many cases that reach a trial verdict are not appealed.

The lifespan of a lawsuit can range from several months to several years. Complex civil litigation often takes years to pass from pre-suit investigation through trial/settlement.

Discovery is the longest and most labor-intensive stage of civil litigation and contrary to the image portrayed by television, civil litigators spend little time in trial; most time is devoted to the discovery stage of litigation.

Key Legal Skills for a Litigator

Certain skills and knowledge are essential to litigation practice:

  • Knowledge of substantive and procedural law
  • Strong written and oral advocacy skills
  • Analytical and logical reasoning abilities
  • Ability to synthesize complex legal and factual materials
  • Superior interpersonal skills
  • Knowledge of legal research techniques and software
  • Client development skills
  • Negotiation skills

We possess the skills needed to settle your civil dispute and maximize the relief you are seeking.

We are not afraid of trial and are dedicated to working for you. With over 100 jury trials and countless hearings and bench trials, Tray Payne and Lori Truitt are attorneys you can trust to handle your litigation needs.