CIVIL LITIGATION ATTORNEYS IN BONHAM, TX - SERVING FANNIN COUNTY

At Jessica McDonald & Associates, we provide skilled legal representation in civil litigation for individuals, families, and businesses throughout Bonham and Fannin County, TX. Whether you're facing a contract dispute or a property disagreement, our firm is committed to protecting your rights and securing their outcomes.

Trusted Representation for a Range of Civil Matters

We handle a broad spectrum of civil law cases including:

• Contract disputes and breach of contract
• Real estate and property disputes
• Business litigation
• Local counsel for firms outside of Fannin County

Common Causes of Civil Litigation in Texas

Civil litigation is the result of disputes between private parties. Five of the most common causes of civil litigation include:

1. Breach of contract, failure to fulfill the obligations stated in a legally binding contract is a common cause of civil litigation
2. Personal injury, accidents resulting in injuries due to negligence or intentional misconduct can lead to civil litigation seeking compensation for damages
3. Property damage, disputes arising from damage to property, whether real estate or personal property, can trigger civil litigation seeking reimbursement or repairs
4. Professional malpractice, negligence or misconduct by professionals, such as doctors, lawyers, accountants, or architects, can give rise to civil litigation seeking damages for the harm caused
5. Business disputes, disputes between businesses, such as partnership disputes, shareholder disputes, or breaches of fiduciary duty, often require civil litigation to resolve the conflicts

The above are only the most common causes of civil litigation, but many others exist, like defamation, fraud, and assault and battery. 

Possible Remedies in Texas through Civil Litigation

The primary reason someone sues another person or entity over a dispute is the need for a remedy. Through civil litigation, a person can seek to obtain a number of remedies.

Compensatory Damages. The most common remedy, compensatory damages, aims to compensate the injured party for actual losses suffered, such as medical expenses, property damage, lost wages, or pain and suffering.

Injunctive Relief. In certain cases, the court may grant injunctive relief, which can include restraining orders, temporary or permanent injunctions, or specific performance, requiring a party to fulfill its contractual obligations.

Punitive Damages. In cases involving intentional misconduct or gross negligence, punitive damages may be awarded to punish the defendant and deter similar behavior.

Declaratory Relief. A court can provide declaratory relief by issuing a judgment or order clarifying the legal rights or obligations of the parties involved in a dispute.

Overview of the Civil Litigation Process

Though any civil litigation process will vary according to the jurisdiction and the specific legal issue, several stages are common among most civil litigation matters.

1. Pre-litigation Phase. This phase involves initial investigation, gathering evidence, attempting negotiation or mediation, and drafting a demand letter or initiating settlement discussions.
2. Filing the Complaint. The plaintiff files a formal written complaint outlining the facts, legal claims, and requested remedies with the appropriate court, initiating the lawsuit.
3. Pleadings and Discovery. The parties exchange pleadings, including the complaint, answer, and any counterclaims. Discovery then occurs, where parties gather evidence through methods such as interrogatories, depositions, and document requests.
4. Settlement Negotiation. Throughout the litigation process, parties may engage in settlement negotiations to resolve the dispute outside of court, potentially saving time and expenses.
5. Trial and Judgment. If a settlement cannot be reached, the case proceeds to trial. Both parties present their evidence, witnesses, and legal arguments, and the court or jury decides the case, issuing a judgment.

These phases can overlap, especially with regard to settlements. The parties can settle at any time, even during the trial phase.

Alternatives to Civil Litigation in Texas

Litigation is costly, and it may not always provide the best solution. Alternative dispute resolution can often be used to arrive at a settlement or outcome on which everyone can agree.

Negotiation and Settlement. Direct negotiations are typically the first step in any dispute – they can occur before or after a lawsuit is filed. Settlement discussions between the parties or their attorneys can help reach an agreement without involving the court. 

Mediation. Mediation involves a neutral third party assisting the parties in reaching a mutually acceptable resolution. It encourages open communication and allows for more control over the outcome.

Arbitration. In arbitration, a neutral third party (arbitrator) listens to both sides and makes a binding decision. It is generally less formal and more efficient than litigation.

Benefits of Hiring a Civil Litigator in Texas

When you have a dispute, you want to make sure you position yourself in the best possible way to secure your interests and rights. Doing it alone, known as pro se, is almost always not recommended because laws are extensive, tricky, and complex. It's not only a failure to know the law that poses a problem but also a failure to understand and follow the rules and procedures. A civil litigation attorney can explain the law and procedures to you as well as offer many more benefits.

• Legal Expertise – Civil litigators have specialized knowledge and experience in civil law and litigation procedures, ensuring proper representation and advocacy.
• Strategic Guidance – A civil litigator can assess the merits of a case, develop a legal strategy, and provide guidance throughout the litigation process, maximizing the chances of a favorable outcome.
• Evidence Gathering – Civil litigators possess the skills and resources to gather and present evidence effectively, strengthening the case's presentation.
• Negotiation Skills – A skilled civil litigator can negotiate with opposing parties or their attorneys to achieve a favorable settlement, protecting the client's interests and minimizing risks.
• Courtroom Representation – In the event the case goes to trial, a civil litigator provides courtroom representation, presenting arguments, examining witnesses, and advocating for the client's position.

The risks of pro se are many while the benefits of a civil litigator are also many – so long as you retain the right one for your case. At Jessica McDonald & Associates, our civil litigation lawyer is committed to providing the best legal representation for each of our clients.

Contact a Civil Litigation Attorney in Bonham Today

Whether you're a homeowner, business owner, or individual in need of a civil litigation attorney in Bonham, Honey Grove, Leonard, and surrounding Fannin County communities. 

Call (903) 458-9108 to schedule a consultation.