Civil Litigation Lawyers in Carmel, IN
Carmel Trial Attorneys Serving Indianapolis & Central Indiana
Civil litigation is a legal process in which disputes between two or more parties are resolved in a court of law. Unlike criminal law, which deals with offenses against society or the state, civil litigation involves conflicts over contractual obligations or torts, where one party alleges harm caused by the other party.
The primary objective of civil litigation is to resolve disputes and provide a remedy to the aggrieved party, which may involve compensation, enforcement or prevention of specific actions, or determining legal rights and obligations.
Many types of disputes can arise between parties, such as between private citizens, businesses and their customers, employees, suppliers, vendors, or other companies, or between individuals or businesses and governmental entities. Various methods short of a trial in civil court can be applied to resolve them. When these methods fail, the matter will proceed to the courtroom.
At Roberts Means Roncevic Kapela LLC, our trial lawyers can help you with civil litigation matters. Our team has extensive experience in handling a diverse range of issues. We understand the intricacies of the Indiana civil court system and alternate dispute resolution methods designed to resolve cases outside of court, from negotiation to mediation and arbitration.
Talk to a Carmel civil litigation attorney about your case by calling RMRK at (888) 211-3888 or via our online contact form.
Our Civil Litigation Services
Civil litigation disputes can include but are not limited to:
- Contract disputes: This involves disagreements over the terms or enforcement of a contract. Breach of contract disputes are common in business operations and usually require civil litigation to resolve.
- Personal injury claims: This type of civil litigation arises when one party alleges harm or injury caused by another party's negligence or intentional actions.
- Wrongful death claims. These are legal actions initiated by the survivors or the estate of an individual who has died as a result of another party's negligence or intentional acts, aiming to seek compensation for resulting losses.
- Real estate disputes: These disputes might involve property ownership, boundary disputes, landlord and tenant disputes, or disagreements over property valuations.
- Employment and labor disputes: These disputes between employers and employees can involve wrongful dismissal, discrimination, workplace safety violations, or wage and hour disputes.
- Family law disputes: This area includes divorce, child custody, spousal support, and property division disputes.
- Probate and estate disputes: This area covers disputes over the will or estate of a deceased person, including contesting a will or dealing with an estate's creditors.
- Insurance claim disputes: These occur when an insurance company denies or undervalues a claim filed by an individual or business. The disagreement could involve interpreting policy terms, the amount required to fully compensate for a loss, or the nature of the event leading to the claim. If not resolved through negotiation, these disputes may escalate to litigation to obtain a fair settlement from the insurance provider.
Most civil litigation cases are settled outside the court via negotiation, arbitration, or mediation. However, the case proceeds to trial if the parties cannot reach a resolution. The trial process involves discovery (exchange of evidence), pre-trial motions, trial, and judgment.
In Their Own Words
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When I thought there was no hope, I found RMRK and Kristyn. They guided me through the entire process of a bitter divorce. I wouldn’t have been able to successfully get through my divorce without their dedication to my case and emotional support.- Liam B.
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Ashley from RMRK was a beacon of hope to my father at a time when our options seemed limited. Ashley was tenacious and proactive in her approach and showed excellent knowledge of the laws and regulations in Indiana.- Former Client
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What Legal Remedies Are Available in Civil Cases?
The remedies you may potentially secure in a civil litigation dispute will depend on the nature of the case.
Remedies can include:
- Monetary damages: This is the most common remedy in civil litigation, where the losing party is ordered to compensate the winning party for losses and damages. For example, suppose a motorist injures a pedestrian due to a traffic law violation. In that case, the driver and/or his insurance company may be ordered to pay the injured pedestrian for medical expenses, pain and suffering, and other damages.
- Restitution: This remedy aims to restore the injured party to their situation before the damage occurred. An example might be the return of property unlawfully taken or reimbursement for expenses incurred due to the defendant's actions.
- Specific performance: This requires the party who broke an agreement to fulfill the original contractual obligations. For instance, in a real estate contract, a seller who refuses to sell the house after signing the contract might be ordered to go through with the sale.
- Injunction: This court order stops a party from doing something or compels them to do something. For instance, a business might be forbidden from using copyrighted material, or a person may be ordered to stop harassing behavior.
- Declaratory judgment: A court determines the parties' rights under a contract or statute. For example, a court may make a declaratory judgment about the validity of a patent or the interpretation of a contract clause.
- Equitable remedies: The court uses its discretion to achieve fairness. These may include rectification, cancellation, or reformation of a contract.
- Punitive damages: These are awarded in addition to actual damages when the defendant's conduct was especially harmful or egregious. The aim is to punish the defendant and deter such behavior in the future. For instance, in a case of fraud or intentional harm, the court might award punitive damages to the injured party.