Disputes come in all shapes and sizes. Businesses disagree on the terms of a contract. Neighbors argue over a property line. Both drivers in a car accident blame the other person. These issues may be resolved informally with a creative compromise. Other times a court may be required.
Bringing a case to court is at its core a truth-seeking process. In a civil lawsuit you often have an opportunity to review evidence – including documents and sworn testimony of witnesses – to determine who is right. If, after reviewing all the evidence, the parties still cannot reach an agreement, a judge or jury will decide the case. Civil cases usually have two basic components: liability (who is at fault) and damages (how much should the at fault party pay). Successful advocacy involves understanding the elements of your case, the evidence available, and pursuing or defending the claim from day one, at all stages.
Sometimes a dispute is not about money. Civil lawsuits may also ask for specific relief – like declaring a law unconstitutional. A party may also ask for an injunction or restraining order requiring another party to stop doing something (or continue doing something).
Personal Injury (car wreck, slip and fall, etc.)
An accident involving injury can be scary. You or a loved one may be dealing with serious injuries, medical bills, missed work, and a dramatic change to your lifestyle in both the short and long term. Often in these cases an insurance company will be involved from the beginning, although they will not be your lawyer unless you are getting sued. You or your family may be entitled to money from the at-fault party for medical expenses, lost wages, pain and suffering, and other damages. An attorney may help you navigate your rights, insurance, and any pending lawsuit.
We enter into contracts almost every day, sometimes without knowing it. Most of the time these contractual relationships work great. Once in a while someone does not hold up their end of the bargain, and either you do not get paid or you feel you should not pay because you did not receive services. It is important to determine your rights and responsibilities under a contract.
Contract disputes can become complicated where businesses are involved. Understanding the rights of the parties based on the contractual and legal relationships is important. Consulting with an attorney experienced in disputes between (and within) businesses is crucial.
In most counties there are strict rules on relationships between landlord and tenant. In larger counties, including Davidson County, Tennessee, the Uniform Residential Landlord Tenant Act (URLTA) is the law. Often landlords will have their own contracts that interact with the controlling statutes. Understanding each parties’ rights and the requirements under the contracts and statutes is essential when dealing with you or your family’s home.
Real Property Disputes
Disagreements involving property can be complicated, often because they involve friends, neighbors, and family. It may be a question of whether the fence is on the right side of the property. There may be an issue about selling a house after the death of a relative, an easement, or a dispute over the terms of a sale. Working with an attorney to understand your options in a real property dispute is essential to resolving these complex issues.
Middle Tennessee has been fortunate to see a boom in the housing, real estate, and construction market. Sometimes the parties involved disagree on the terms of the work. Construction disputes may have several contractual layers and can quickly become complicated. Often arbitration is involved, an informal dispute resolution process. If you have an issue with construction project, contact our office to discuss your options.