Civil Litigation Attorneys in Ocean City and Salisbury

If you have suffered a personal or financial loss, have been accused of breach of contract, or are facing a business dispute, it is important to have the support of a skilled and experienced legal team to protect your rights and long-term interests. At CBM, we provide experienced and strategic advocacy to protect the personal, financial, and business goals of our clients engaged in or facing civil litigation.

While our attorneys remain mindful of your time and resources, we are also prepared to take any case to trial on your behalf. We have extensive experience in handling litigation ranging from complex business disputes to employment litigation, and personal injury claims. Our firm has the resources and experience to challenge even the most well-funded opponents, including large corporations and insurance companies, and will work aggressively to protect your rights and claims.

Civil Litigation Basics

Almost every civil lawsuit, whether filed in state or federal court, follows the same basic steps:

1. Initial Pleadings

A lawsuit starts when a plaintiff files a complaint. The complaint will state the facts of the case, the laws that were violated, and the outcome or relief the plaintiff wants.

Once the defendant receives the complaint, the defendant can either file an answer, which responds directly to the statements in the complaint, or a motion to dismiss, which argues that, even if all the facts in the complaint are true, the law was not violated or the plaintiff is not entitled to the relief they asked for. If a motion to dismiss is granted, the case is over. If the motion is denied, the case proceeds to discovery.

2. Discovery

Discovery is a process by which each side gets information from the other. This is usually the longest part of the lawsuit. During the discovery process, each side can ask the other to:

• Answer written questions (Interrogatories)
• Provide documents, written communications, and physical evidence of their claims (Request for Production)
• Admit or deny specific statements of fact (Request for Admissions)
• Submit to live questioning by an attorney (Deposition)

3. Summary Judgment or Trial

Trials are about facts, with each side claiming a different version of events and certain facts being more important than others. At trial, a judge or jury decides which events happened and what facts are legally significant to the case. From there, the court decides which side wins and what remedies they are entitled to.

After discovery is over, each side can file a motion for summary judgment. This asks the court to decide whether there are factual disputes that still need to be resolved at trial or if the evidence weighs so heavily in favor of one side, a trial is not needed. If one side wins summary judgment, the case is over. Otherwise, the case goes to trial.

4. Appeal

An appeal is a legal process to ask a higher court to review a decision of the trial court because the trial court made a mistake. Usually, a party can only file an appeal after the trial court has made a final ruling in a case. During an appeal the higher court looks at the "record" – the pleadings, motions, evidence, documents, and transcripts that were filed in the case – and decides if the trial court made any mistakes that must be corrected. If the higher court grants the appeal, it can order a wide variety of remedies from reversing or modifying the trial court's decision to ordering a whole new trial.

The higher court only reviews facts, evidence, and arguments already in the record; the parties cannot present new evidence and arguments. The higher court will only correct mistakes that actually impacted the outcome of the case; small mistakes will be allowed to remain.

DO I NEED AN ATTORNEY?

An attorney can help you determine whether you have a viable claim before you've invested time and money in the process. Even in the most straightforward case, the laws involved are often complicated and the court system moves slowly. An attorney will help you navigate these obstacles, avoid having your case thrown out on technicalities, and build a strong case. Finally, most cases settle before they go to trial. An attorney can help you negotiate the best settlement possible.

Here, at CBM, our attorneys have extensive experience investigating a wide range of legal claims and helping our clients obtain justice. Contact us today to schedule a consultation.

Disclaimer: The information presented on this site is provided for general informational purposes only and should not be construed as legal advice on any subject matter. The operation of this website does not create an attorney-client relationship between you and Cockey Brennan & Maloney, P.C.