Civil Law

Legal costs per type of case*

Creech Law Office Hourly Rate is $200.00 per hour.
RETAINERS Apply towards hourly rate and are due up front prior to services
Small Claims  $750.00  District Claims $1000.00  Circuit Claims $1,800.00 


MAKE RIGHT WHAT SHOULD BE RIGHT.

Whether you want to sue someone or Defend yourself, get a free consultation.

 

What is Civil Law?

 

Civil law deals with disputes between private parties, or negligent acts that cause harm to others .
Examples:

  • Contracts, Money, 
  • Land disputes,
  • Injuries resulting from an intentional or negligent act(s) 

Family law Civil; cases involving divorce, parental responsibility for children, spousal support, child support and division of property between spouses
Estates and probate matters are Civil Law cases.

The claim in Civil cases is called damages and is usually in the form of money awarded to make up for the harm inflicted. Although the Court can Order specific performance of an act to occur and/or injunction (prohibition) of further acts.


INTENTIONAL ACTIONS
 

Almost all crimes have some underlying Civil Claim which encompasses intentional acts. For instance, the crime of murder would open the door to an underlying civil claim of Wrongful Death, Assualt or battery also have civil claims of damages resulting in monetary judgments. Theft and many other crimes also would have underlying Civil Claims.
Breach of Contract is usually intentional.

  • Assault
  • Battery
  • Wrongful imprisonment
  • Wrongful termination of Employment
  • Defamation of Character
  • Intentional Infliction of Emotional Distress
 

NEGLIGENT ACTIONS
 

Any damage caused by the negligence of another person or thing is compensable. Negligence is a broad theory of law allowing the injured person compensation for damages. Negligence requires the showing that the person or thing being sued:

a. Owed the damaged person or thing a duty of care
b. That a breach in that duty of care (fault) resulted
c. Which caused damages
d. That damages can be ascertained and compensated


All this must be shown by the legal standard of Preponderance of the Evidence; usually simply described as "more probably than not" or 51%-49%. This standard is to be rendered by a jury objectively using the "Reasonable Person Standard", in other words, what would a reasonable and prudent person have done in the same situation?

Common examples of negligent actions are:

  • Auto accidents
  • Product liability
  • Medical malpractice
  • Premises liability
 

BREACH OF CONTRACT

 

A contract is a legally enforceable agreement between two parties. Each party to a contract usually promises to either perform a specific duty or pay a fixed amount. If one party fails to act as promised, and the other party has fulfilled their own duties under the contract, the person who has fulfilled his obligation has legal recourse to sue. 

  1. Not all Contracts must be Written, only if the contract is regarding:
  2. Land
  3. Marriage (Pre nuptial agreements/settlement agreements)
  4. Any task that requires longer than 1 year to complete
  5. Executor of an Estate (written last will and testament)
  6. Any goods for sale for over $500.00
  7. Surety (Co-signer)
 

All other contracts can be Oral, HOWEVER:

Generally, both written and Oral are legally enforceable. It is always best to write down the terms of the contract up front when we are all getting along in case there is some dispute later. If the contract is oral, the parties to the contract may later remember different details about the contract terms or forget certain terms entirely, which will make it difficult to prove.

What are Damages?

This is monetary compensation that must be made by the breaching party to compensate the other party for losses and other expenses connected with the breach. A damages award may include:

  • Consequential damages - This requires the breaching party to pay the non-breaching party an amount that puts the non-breaching party in the same position they would have been in if the contract was performed
  • Punitive damages - Courts can force the breaching party to make a payment as a punishment for the breach of contract
  • Liquidated damages - The parties agree, at the time they make the contract, that if one party breaches the contract, the breaching party should pay a specified sum. Thus, this is an amount written in the contract
  • Nominal damages - This is a minimal amount provided to the non-breaching party if that party won the case but did not financially lose much

What Is a Breach of Contract Equitable Remedy?

In some breach of contract claims, a damages award may not be appropriate, or it may not be allowed under law. In such cases, the court may order an “equitable remedy” rather than a monetary damages award. An equitable remedy consists in the court ordering one or both of the parties to take certain actions to resolve the dispute. Some equitable remedies include:

  • Specific performance - A court can require the breaching party to perform their duties under the contract. This is afforded for unique circumstances.
  • Rescission - A court can pretend like the contract never existed. Here, neither party would be required to perform the obligations under the contract. If there has been performance by one party, the court does its best to put that party in the same position he or she was in before the contract was formed.

The Time Limit for Filing a Breach of Contract Lawsuit

Every state has a certain time limit, called a statute of limitations, in which a lawsuit must be filed after a breach of contract. If a party wants a remedy for a breach, and they do not file within this time limit, that party cannot file a lawsuit. The amount of time for filing a breach of contract lawsuit varies by state.

Why Should I Consult with Breach of Contract Lawyers?

Contract law can be quite complicated. Additionally, every state has different lawsuit filing procedures and deadlines for breach of contract claims. Speaking with an attorney about your issue can help you make a clearer decision. An Attorney can help identify what is a breach of contract and collect all the proper documents to prove a breach. Further, an attorney can help you negotiate the terms of a contract before you make or accept an offer.
 

*Creech Law charges $200.00 per hour for legal services Costs and expenses are additional costs for Filing the case and Service by the Sheriff fees.  Retainer quotes listed here are estimates based upon the hourly rate of $200.00 per hour of legal services file, obtain necessary documentation in order to negotiate a settlement or if your case is clear cut, resulting in a judgment based upon the pleading and exhibits. If the matter is contested, depending on whether the trial be by Jury or Judge, costs and fees may be more.