Virginia Civil Litigation Issues

There are many difficulties that could arise during a civil litigation case. Claimants are often faced with discussing things they did not want to discuss or deal with issues they felt were unrelated. People also have to deal with the financial and emotional impact of the case because it sometimes takes time to resolve and it is expensive – and it is hard for them to wrap their heads around the idea that they are suing or being sued.

An attorney who is knowledgeable about Virginia civil litigation issues could help you with your case. Get in touch with an accomplished civil litigation lawyer today.

Written Agreement Issues in NoVa

Nearly every contract dispute is a fight over whether the contract is clear or not, and that the other party knew exactly what was expected of them within the agreement. Most people are surprised to learn that the contract they feel was crystal clear is muddy and the stipulations are not as clear as they thought. It is an issue for the parties to litigate what the contract means, what it did not mean, and where to look for evidence to support those contentions so that the court can decide what each party was to do or not do.

Tort and Contract Issues

The whole issue has to deal with duties and whether the duty that is being litigated is a contractual duty or non-contractual, a tort duty. Courts are strict in requiring that they cannot turn every contract dispute into a tort just to increase the damages that are available in tort claims over contract claims. Generally, contract claims are limited to what the value of the contract is and tort claims are much higher, they deal with pain and suffering and/or liquidated damages, issues that can be apportioned easily, so they tend to be higher. Often, attorneys try to turn every contract into a tort just to take advantage of those damages, but Virginia courts are strict in preventing that from happening and that is always an issue during civil litigation.

Conflicts Between Individuals and Corporations in NoVa

It becomes an issue when the individual is in a lawsuit against the corporation but wants to blame an individual for the actions of the corporation. There is always a tension between what is a corporate liability and what is an individual liability. Also, there is always issues as to how they make the corporate liability an individual liability by piercing the veil or by asserting a claim directly against the person, but they were not acting within the range and the scope of their duties for the corporation so there was not a corporate responsibility.

What are Fiduciary Duties?

Fiduciary duties are heightened duties that are owed from one party to the other. They usually arise in situations where a party depends or relies on the other party for the performance of the protection of property or the performance of certain duties where they maintain the property or the transaction commands total honesty and commitment from the agent. Their duties are heightened, and they arise most often in the situation of a trust where there is a trustee and the trustee owes fiduciary duties to the trust and to the beneficiary.

A Virginia Attorney Could Help with Civil Litigation Issues

All of the attorney’s past experiences should help prepare the attorney for what could happen during the course of any particular litigation. They should not be caught by surprise when the other side takes action that they think is going to give them an advantage during the litigation. They should be prepared for it and try to close off those roads or those avenues to escape so that the case stays on track and deals with the main issues.

Call a seasoned lawyer today to learn more about Virginia civil litigation issues and how a legal professional could assist you.