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Civil and Commercial Litigation FAQs

December 3, 2014 in FAQs | MARTIN WREN, P.C. | LEAVE A COMMENT

To most individuals, just hearing the word “litigation” evokes fear and confusion.  It is unfamiliar territory and has a reputation for great expense, heated arguments, and crushing outcomes.  But litigation is often an unfortunate reality of being a part of the business world.

Having the representation of a skilled and experienced Virginia litigation attorney can help alleviate any fear or confusion that may come when the need for litigation arises.  At MartinWren, P.C., our litigation attorneys will guide you through the litigation process by implementing efficient and effective strategies that will protect and promote your personal interests.

What is litigation?

Litigation is when one party files a lawsuit in state or federal court to resolve a controversy or dispute between two or more parties.  It is simply the legal process of filing a complaint against someone and bringing the claim to court.  The person or company who files the complaint is referred to as the plaintiff, and the defendant is the person or company against whom the complaint is filed.

How do you charge for representing businesses in litigation?

The Charlottesville litigation attorneys at MartinWren, P.C. can work with you to create a fee arrangement that will best fit your needs.  Typically, we charge on an hourly basis for our legal services, though we handle select business litigation matters on a contingency fee basis.  The fee arrangement we propose will obviously depend on the specifics of your case.  At MartinWren, P.C., we recognize the serious nature of litigation and pledge to efficiently represent your best interests.

After speaking with you and examining your case, the litigation attorneys at MartinWren, P.C. can better assess the cost of legal representation and will work with you to develop an acceptable fee agreement.

Is there a deadline for filing a lawsuit?

Virginia law imposes strict time requirements on filing lawsuits.  These are known as statutes of limitations and provide that certain actions must be filed within a set number of years.  Certain claims also have notice periods and other legal prerequisites that must be met. Failing to comply with the applicable statute of limitations or notice periods can result in your claim forever being barred.

To better understand the applicable Virginia law for your claim, contact the Virginia litigation attorneys at MartinWren, P.C.  After listening to your concerns and evaluating your case, our litigation attorneys can identify the Virginia statutes of limitations and notice periods that would apply to your specific case and advise you on how best to proceed.

What do I do if I have been sued?

If you have been served with a lawsuit, it is extremely important that you consult an attorney immediately.  The law imposes a strict timeline for you to respond to a complaint or lawsuit.  And the contents of your response will have a significant impact on the lawsuit.  If you fail to timely respond, the consequences are serious as it can lead to a default judgment against you.

What is mediation and arbitration?

Mediation and arbitration are both forms of alternative dispute resolution – an attempt to settle disputes or legal conflicts privately rather than before the courts through litigation.  Mediation is a more informal procedure process in which a mediator helps to negotiate a mutually acceptable resolution between the disputing parties.  Arbitration is a bit more formal and involves referring the dispute to a third party who will act as the judge and jury.  Typically, in advance of the arbitration, the parties will agree to be bound by the arbitrator’s decision.

There is great value in finding a resolution through mediation or arbitration as it generally saves time and money.  An experienced Virginia litigation attorney has the legal knowledge and negotiation skills to ensure that your best interests are fully represented throughout the entire process and can best advise you on what procedures are likely to provide you with the outcome you desire.  If mediation or arbitration is not the best fit for your case, a skilled Virginia litigation attorney can aggressively represent your case before the courts in the litigation process.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. also have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.

To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

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